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UNCW 



CORNERSTONE 

I am an engaged learner in constant search of knowledge. 

I foster human dignity through acts of civility and 

respect. 

I maintain a distinguished character based on truth, 
honesty and integrity. 

I pursue inner-peace by recognizing the significance of 

spirituality. 

I demonstrate honorable citizenship through acts of civic 

engagement. 

I embrace community by active involvement and service. 

I lead a lifestyle that advances physical health and 
emotional well-being. 



Seahawk Respect Compact 



In the pursuit of excellence, UNC Wilmington actively 
fosters, encourages, and promotes inclusiveness, mutual 
respect, acceptance, and open-mindedness among 
students, faculty, staff, and the broader community. 

~ We affirm the dignity of all persons. 

~ We promote the right of every person to participate in 
the free exchange of thoughts and opinions within a 
climate of civility and mutual respect. 

-We strive for openness and mutual understanding to 
learn from differences in people, ideas, and opinions. 

-We foster an environment of respect for each individual 
where differences are celebrated by the elimination of 
prejudice and discrimination through education and 
interaction with others. 

Therefore, we expect members of the campus community 
to honor these principles as fundamental to our ongoing 
efforts to increase access to and inclusion in a community 
that nurtures learning and growth for all. 



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UNCW CODE OF STUDENT LIFE 
CONTENTS 



Welcome - Assistant Vice Chancellor for Student Affairs/Dean of Students, 



Dr. Michael A. Walker v 

University Mission Statement vi 

Statement of Academic Expectations for Students vi 

Statement on Diversity vii 

Equal Educational and Employment Opportunity vii 

Preface 2 

Sections 

I. Student Academic Honor Code (Policy 03.100) 5 

II. Student Conduct and Appeals 12 

III. Student Records (FERPA) 39 

IV. University Owned Residences 44 

V. Student Organizations 52 

VI. Use of University Facilities 61 

VII. Campus Life Facilities 68 

University Policy 

02.200 Harassment Prevention 77 

02.210 Harassment Resolution Procedures 78 

02.220 Improper Relationships Between Students and Employees 83 

02.330 Tobacco Policy 85 

04.110 Illegal Drugs 87 

04. 1 30 Sexual Misconduct Policy 89 

04.190 Disability Accommodations 99 

05.303 Alcohol Policy 101 

05.304 Alcohol Marketing 103 

05.331 Communicable Disease Policy Statement 105 

07.100 Responsible Use of Electronic Resources 107 

Freedom of Expression 107 

Grievance Procedure 108 

Hurricane Policy 109 

Skateboarding and Rollerblading 110 

Photo Use Policy Ill 

State Law 

I. Drug Law 113 

II. State Policy on Firearms/Other Weapons on University Property 113 

III. Policies Regarding Fire Laws 1 14 

IV. Hazing Law 114 



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V. Policy Regarding Disorderly Conduct 115 

VI. State Policy on Possession/Manufacture of Fraudulent ID 116 

VII. Stalking 117 

VIII. Cyberstalking 117 

IX. Financial Transaction Card Crime Act 118 

X. Financial Transaction Card Theft 120 

XI. Assault Inflicting Serious Bodily Injury; Strangulation; Penalties .... 121 

Federal Law 

I. Supplement I: Title IX of the Education Amendments of 1972 121 

SUBSTANCE ABUSE HANDBOOK 

Philosophy 123 

Policies 

UNCW Alcohol Policy 124 

UNCW Alcohol Marketing Policy 126 

UNCW Illegal Drugs Policy 128 

Penalties 

State Law and UNCW Policy 133 

Referral Process 135 

Resources 

University Resources 136 

Community Resources 139 

NC General Statutes on Alcoholic Beverages 141 

Other Provisions 143 

NC General Statutes on Controlled Substances 154 

Federal Trafficking Penalties (Schedule I-V Drugs) 168 

Federal Trafficking Penalties (Schedule VI Drugs/Marijuana) 169 

Health Risks 170 

Controlled Substances: Uses and Effects 172 

Prescription Drugs: Uses and Effects 174 

Federal Drug-Free Workplace Act of 1988 174 

Index 175 



The UNCW Policy Web site ( www.uncw.edu/policies ) serves as a policy index and repository for official UNCW 
policies. In addition to the Web site, policies are also found in various handbooks, brochures and other university 
publications. To the extent of any conflict between the policies found on the Web site and the policies found in 
handbooks, brochures or other university publications, the policies as listed on the Web site shall be the controlling 
authority and shall supersede any other versions of same or similar subject matter. The site is not intended to serve 
as the repository for all internal policies, procedures and guidelines from the respective college and schools of the 
university. For access to college, school and department level internal policies, procedures and guidelines, please 
contact the appropriate unit for information. 



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Dear Students, 

On behalf of the Division of Student Affairs, welcome to the University of 
North Carolina Wilmington! There are many new experiences and challenges 
ahead that will push you to your intellectual and creative limits, both within and 
beyond the boundaries of our classrooms. 

Your presence on our beautiful campus is our most valued asset. Each member 
of this community brings a wealth of talent and unique qualities that contribute 
toward making UNCW the most dynamic living and learning community in the 
UNC system. Collaboratively, our faculty and student affairs professionals will 
shape your academic experience and teach you the benefits of conducting 
yourself as a model citizen engaged in a diverse community of scholars. 

Please make use of all the programs and services available throughout the 
university community. Being involved in campus life at UNCW is an 
expectation, and will provide you myriad opportunities to grow and learn 
important lessons for succeeding in life. Find the time to develop meaningful 
relationships with peers, faculty and staff, and seek to initiate conversations 
about issues that impact our quality of life. Make use of modern technologies, 
but also endeavor to hone personal relationships based on common interests and 
new curiosities about the world around us. 

We look forward to your active participation in your university community. If 
you have any questions, concerns or just need some help at any point throughout 
your journey, please call upon our student affairs team to help. Have a great 
year! 



Sincerely, 




Dr. Michael A. Walker 

Associate Vice Chancellor for Student Affairs / Dean of Students 



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University of North Carolina 
Wilmington 

University Mission Statement 

The University of North Carolina Wilmington, the state's coastal university, is 
dedicated to learning through the integration of teaching and mentoring with 
research and service. Our powerful academic experience stimulates creative 
inquiry, critical thinking, thoughtful expression and responsible citizenship in an 
array of high-quality programs at the baccalaureate and master's levels, and in 
selected doctoral programs responsive to state and regional needs. Substantial 
research activity, combined with our hallmark teaching excellence and moderate 
size, advances distinctive student involvement in faculty scholarship. We are 
committed to diversity and inclusion, affordable access, global perspectives, and 
enriching the quality of life through scholarly community engagement in such 
areas as health, education, the economy, the environment, marine and coastal 
issues, and the arts. 

(Statement adopted by the UNCW Board of Trustees on October 24, 2008) 

University Statement of Academic Expectations for Students 

In choosing UNCW, you have become part of our community of scholars. We 
recognize that the UNCW learning experience is challenging and requires hard 
work. It also requires a commitment to make time available to do that hard 
work. The university expects you to make academics your highest priority by 
dedicating your time and energy to training your mind and acquiring knowledge. 
Academic success in critical thinking and problem solving prepares you for the 
changes and challenges you will encounter in the future. Our faculty and 
academic support resources are readily available as partners in this effort, but 
the primary responsibility for learning is yours. 



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Statement on Diversity in the University Community 

In the pursuit of excellence, UNC Wilmington actively fosters, encourages, and 
promotes inclusiveness, mutual respect, acceptance, and open-mindedness 
among students, faculty, staff, and the broader community. Diversity is an 
educational benefit that enhances the academic experience and fosters free 
exchange of ideas from multiple perspectives. Diversity includes, but is not 
limited to race, sex, age, color, national origin (including ethnicity), creed, 
religion, disability, sexual orientation, political affiliation, veteran's status, 
gender, educational disadvantage, socio-economic circumstances, language, and 
history of overcoming adversity. 

For more information concerning ways in which our multicultural learning 
community may be nurtured and protected or complaint resolution procedures, 
contact the Office of Institutional Diversity and Inclusion, the Office of the 
Dean of Students or the Office of Human Resources. 

Reaffirmation of Commitment 

To Equal Educational and Employment Opportunity 

The University of North Carolina Wilmington is committed to and will provide 
equality of educational and employment opportunity for all persons regardless of 
race, sex (such as gender, marital status, and pregnancy), age, color, national 
origin (including ethnicity), creed, religion, disability, sexual orientation, 
political affiliation, veteran status or relationship to other university 
constituents — except where sex, age, or ability represent bona fide educational 
or occupational qualifications or where marital status is a statutorily established 
eligibility criterion for state-funded employee benefit programs. 

This affirmation is published in accordance with 41 CFR Part 60 and is 
implemented in accordance with Title VII and Title IX of the Civil Rights Act of 
1964, as amended; Executive Order 11246; the Age Discrimination in 
Employment Act of 1967, as amended; the Rehabilitation Act of 1973; the 
Americans with Disabilities Act of 1990; the Vietnam Era Veterans' 
Readjustment Assistance Act of 1974; the Civil Rights Restoration Act of 1988; 
and NC General Statutes Chapters 1 16 & 126. 

To ensure that equal educational and employment opportunity exists throughout 
the university, a results-oriented equal opportunity/affirmative action program 
has been implemented to overcome the effects of past discrimination and to 
eliminate any artificial barriers to educational or employment opportunities for 
all qualified individuals that may exist in any of our programs. The University of 
North Carolina Wilmington is committed to this program and is aware that with 
its implementation, positive benefits will be received from the greater utilization 
and development of previously under-utilized human resources. 

This publication is available in alternative format upon request. 

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UNCW 

CODE OF STUDENT LIFE 



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PREFACE 

The Code of Student Life outlines the rights and responsibilities and expected 
levels of conduct of students in the university community and the greater 
Wilmington community. The purpose of the rules outlined is to prevent abuse of 
the rights of others and to maintain an atmosphere in the university community 
appropriate for an institution of higher education. The Code of Student Life will 
help student organizations and members of the university desiring to use 
university facilities gain a better understanding of responsibilities of various 
boards and committees and understand student rights and responsibilities. 
Sections in the Code cover academic concerns (grievances and standards) and 
student conduct and appeals. 

The Code of Student Life is published annually. Interpretations of sections 
within the Code may be requested by contacting the vice chancellor for student 
affairs. 

Rules included in the Code are subject to amendment or revision. Any member 
of the university community may submit amendments or revisions to the vice 
chancellor for student affairs for consideration. The vice chancellor for student 
affairs may also ask the Student Affairs Committee, a standing advisory 
committee of the Faculty Senate, to make recommendations. The vice chancellor 
for student affairs will then make his/her recommendations to the chancellor for 
final consideration. 

Students at the University of North Carolina Wilmington are subject to, and 
enjoy the protections of, the Constitution and laws of the United States and of 
North Carolina, as well as the Code of the Board of Governors of the University 
of North Carolina and relevant policies of the Board of Governors and of the 
Board of Trustees of the University of North Carolina Wilmington. This Code of 
Student Life is interpreted by reference to these sources of law. The following 
sections of the Code of the Board of Governors should be noted especially: 

Section 600. 

Freedom and Responsibility in the University Community. 

(1) The University of North Carolina is dedicated to the transmission and 
advancement of knowledge and understanding. Academic freedom is 
essential to the achievement of these purposes. The university therefore 
supports and encourages freedom of inquiry for faculty members and 
students, to the end that they may responsibly pursue these goals through 
teaching, learning, research, discussion and publication, free from internal 
or external restraints that would unreasonably restrict their academic 
endeavors. 



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(2) The university and each constituent institution shall protect faculty and 
students in their responsible exercise of the freedom to teach, to learn and 
otherwise to seek and speak the truth. 

(3) Faculty and students of the University of North Carolina shall share in the 
responsibility for maintaining an environment in which academic freedom 
flourishes and in which the rights of each member of the academic 
community are respected. 

Section 608. 

Students' Rights and Responsibilities. 

(1) The University of North Carolina affirms that the first goal of each 
constituent institution is to educate the students admitted to its programs. 
The freedom of students to learn is an integral and necessary part of the 
academic freedom to which the University and its constituent institutions 
are dedicated. Each constituent institution shall provide, within allotted 
functions and available resources, opportunity for its students to derive 
educational benefits through developing their intellectual capabilities, 
encouraging their increased wisdom and understanding, and enhancing their 
knowledge and experience applicable to the effective discharge of civic, 
professional, and social responsibilities. No constituent institution shall 
abridge either the freedom of students engaged in the responsible pursuit of 
knowledge or their right to fair and impartial evaluation of their academic 
performance. 

(2) All students shall be responsible for conducting themselves in a manner that 
helps to enhance an environment of learning in which the rights, dignity, 
worth and freedom of each member of the academic community are 
respected. 

(3) In applying regulations in the area of student discipline, each constituent 
institution shall adhere to the requirements of due process as set forth in 
Section 502 D(3) of this Code. 

Section 502 D(3). 

Relation of the Chancellor to the Constituent Institutions. 

Subject to any policies or regulations of the Board of Governors or of the board 
of trustees, it shall be the duty of the chancellor to exercise full authority in the 
regulation of student affairs and student conduct and discipline. In the discharge 
of this duty, delegation of such authority may be made by the chancellor to 
faculty committees and to administrative or other officers of the institution or to 
agencies of student government, in such manner and to such extent as may by 
the chancellor be deemed necessary and expedient. In the discharge of the 
chancellor's duty with respect to manners of student discipline, it shall be the 
duty of the chancellor to secure to every student the right to due process. 
Appeals from these disciplinary decisions are allowable only on the following 
grounds: 1) a violation of due process; or 2) a material deviation from 



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Substantive and Procedural Standards adopted by the Board of Governors. 
Where the sanction is suspension or expulsion, an appeal may be made to the 
board of trustees. No appeal to the president is permitted. When the sanction is 
expulsion, the final campus decision is appealable to the Board of Governors. 

Students have the right to enjoy a university environment free of unlawful 
discrimination, including sexual harassment. In all institutional relationships, the 
university expects its employees and students to show discretion and civility and 
to treat each other with equality and dignity. Discriminatory behavior, including 
sexual harassment of students by any university employee — faculty or staff — 
is a violation of both state and federal law and university policy. (See University 
Policy 02.200 & 02.210.) 



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SECTION I 

THE UNCW STUDENT ACADEMIC HONOR CODE 

POLICY 03.100 

1-1 THE UNCW STUDENT ACADEMIC HONOR CODE 

The University of North Carolina Wilmington is a community of high academic 
standards where academic integrity is valued. UNCW students are committed to 
honesty and truthfulness in academic inquiry and in the pursuit of knowledge. 
This commitment begins when new students matriculate at UNCW, continues as 
they create work of the highest quality while part of the university community, 
and endures as a core value throughout their lives. 

1-2 THE UNCW HONOR PLEDGE 

All students enrolled at UNCW are subject to the UNCW Student Academic 
Honor Code (hereafter referred to as the Honor Code), which is intended to help 
every member of the UNCW community appreciate the high value placed on 
academic integrity and the means that will be employed to ensure its 
preservation. Students are expected to perpetuate a campus culture where each 
student does his or her own work while relying on appropriate resources for 
assistance. In such a climate students enjoy a special trust that they are 
members of a unique community where one's thoughts and words are attributed 
correctly and with proper ownership, and where there is little need for systems 
to sanction those who cheat. As such, all UNCW students shall commit to the 
principles and spirit of the Honor Code by adhering to the following pledge: 

"As a student at The University of North Carolina Wilmington, I 
am committed to honesty and truthfulness in academic inquiry and 
in the pursuit of knowledge. I pledge to uphold and promote the 
UNCW Student Academic Honor Code. " 

1-3 GUIDELINES IN SUPPORT OF THE HONOR CODE 

Disciplinary action will ensue when students fail to align themselves with the 
ideals and expectations outlined in the Honor Code. The following guidelines 
are designed to educate students about the types of academic dishonesty, the 
roles that the university community has in upholding the Honor Code, the 
procedures used to report and adjudicate alleged offenses, and the limitations on 
withdrawals and repeating courses in the event of academic dishonesty. Because 
the university takes a holistic approach to addressing student misconduct, both 
of an academic and non-academic nature, incidents involving students with prior 
findings of responsibility for academic dishonesty or serious non-academic 
misconduct (typically denoted by the status of "disciplinary probation") will be 
referred to the Academic Honor Board. 



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A. ACADEMIC DISHONESTY OFFENSES 

No form of academic dishonesty is tolerated in our community. Academic 
dishonesty is broadly defined as attaining academic goals by deception, and 
includes but is not limited to attempted or completed offenses as follows: 

1. CHEATING 

Cheating is deception implying that work in fulfillment of course or degree 
requirements represents a student's own level of knowledge when it actually 
does not. Common examples of cheating include: 

a. Any conduct during a program, course, quiz or examination which 
involves the unauthorized use of written or oral information, or information 
obtained by any other means of communication. Students are expected to 
consult with their instructors for clarification on whether assignments may be 
conducted jointly with other students. In the absence of approval for joint work, 
the expectation is that students will conduct their own work and research both 
outside and within the classroom environment (not including authorized 
assistance and sanctioned university resources such as the University Learning 
Center). Students must receive approval by their instructor(s) in advance for 
submitting a paper previously written and submitted by them for another class. 

b. The unauthorized acquisition, buying, selling, trading or theft of any 
examination, quiz, term paper or project. 

c. The unauthorized use of any electronic or mechanical device during any 
program, course, quiz or examination, or in connection with laboratory reports 
or other materials related to academic performance. 

d. The unauthorized use of laboratory reports, term reports, theses, or 
written materials in whole or in part. 

e. The unauthorized assistance or collaboration on any test, assignment, or 
project. 

f. The unauthorized use by a student of another person's work, or the 
falsification of any other person's work, or writing another person's work for 
them to submit. 

g. Bribery, including but not limited to the offering, giving, receiving or 
soliciting of any consideration in order to obtain a grade or other treatment not 
otherwise earned by the student through his/her own academic performance. 

h. Any form of lying or furnishing false information to a professor, 
administrator or staff member acting in performance of their duties (including 
taking an exam for another student). 

2. PLAGIARISM 

Plagiarism is the copying of language, phrasing, structure, or specific ideas of 
another and presenting any of these as one's own work, including information 
found on the Internet. Common examples of plagiarism include but are not 
limited to: 

a. Reproducing someone else's work without quotation marks or proper 

attribution and submitting it as your own. 

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b. Paraphrasing or summarizing another's work without attribution or 
acknowledgement of the source and submitting it as your own. 

c. Deliberate attribution to a source from which the referenced material 
was not in fact derived. 

d. Failing to cite a source for ideas or information. 

B. RESPONSIBILITY OF THE UNIVERSITY COMMUNITY 

1. GENERAL RESPONSIBILITY 

It is the responsibility of every faculty member, student, administrator and staff 
member of the university community to uphold and maintain the highest 
academic standards and integrity of the university. Any member of the 
university community who has reasonable grounds to believe that an infraction 
of the Honor Code has occurred has an obligation to report the alleged violation 
to the faculty member teaching the class who, in turn, must report the allegation 
to the Office of the Dean of Students. This obligation is a core value of the 
Honor Code, and must be fulfilled by each and every member of the university. 

2. STUDENT RESPONSIBILITY 

UNCW students affirm their adherence to the Honor Code by signing an Honor 
Pledge after enrolling at the university; thereafter, each student must conform to 
the Honor Code at all times. The absence of signing the pledge does not excuse 
students from their obligation to read, practice and be held accountable to the 
rules and spirit of the Honor Code. Students who observe or suspect an Honor 
Code violation are to notify the instructor in whose course the alleged infraction 
occurred. 

3. RESPONSIBILITY OF INDIVIDUAL INSTRUCTORS 

Instructors should remind their students of the Honor Code during the first week 
of classes and include Section I of the Honor Code and the Honor Pledge in their 
syllabi. In addition to discussing the Honor Code with students, instructors 
should clarify whether and to what degree students are permitted to collaborate 
on assignments; use laptops, cell phones, and other electronic media in class; 
and submit papers that they have submitted or intend to submit for another 
course. While faculty are encouraged to discuss these issues with students, it is 
the student's responsibility to receive approval in advance for conducting joint 
academic work (work which involves anyone other than the student him/herself) 
or when attempting to submit work that was previously written/conducted by the 
student (commonly known as "recycling" one's work). While all students are 
bound by the Honor Code through either a signed pledge or by virtue of 
enrollment at UNCW, instructors have the option of including the Honor Pledge 
on examinations and requiring students to include a signed pledge with 
submitted work. Each instructor is obligated to report allegations of academic 
dishonesty, upon discovery, to the Office of the Dean of Students. 



7 



4. RESPONSIBILITY OF ACADEMIC AFFAIRS 

The Division of Academic Affairs is responsible for advising all new university 
faculty and academic administrative staff regarding the Honor Code. The 
provost or designee shall have the right to hear an expedited student case as 
requested by the Office of the Dean of Students, and to hear appeals for students 
suspended as a result of Honor Code infractions (consistent with procedures 
outlined in the sections of the Code of Student Life labeled "Appeal of 
Administrative Action" or "Appeal of a Campus Conduct Board decision"). 

5. RESPONSIBILITY OF THE OFFICE OF THE DEAN OF 
STUDENTS 

The Office of the Dean of Students is responsible for overall education of the 
university community on the Honor Code; for advising all current university 
faculty, administrative staff, personnel and students of the Honor Code; and for 
collecting signed Honor Pledges. In consultation with the Faculty Senate, the 
Office of the Dean of Students will see that the Honor Code and any 
amendments or changes approved by the Faculty Senate and the UNCW 
administration are published and promulgated annually. The Office of the Dean 
of Students shall also receive and maintain comprehensive records of all matters 
relating to violations of the Honor Code; therefore, faculty must consult with the 
Office of the Dean of Students upon making or receiving a complaint of any 
Honor Code infraction. 

C. REPORTING AND ADJUDICATION PROCEDURES 

1 . A reported infraction of the Honor Code shall be reported, preferably in 
writing, to the instructor of the course in which it occurred. Such a report shall 
be made within five business days from the time of discovery, unless 
extenuating circumstances prevent reporting. 

2. A suspected infraction of the Honor Code may be reported by: 

a. the student committing the infraction; or 

b. any member of the university community observing the alleged 
infraction; or 

c. any individual who has credible and reliable information that an 
infraction may have occurred. 

3. Upon receiving a report of an alleged Honor Code infraction, the 
instructor shall consult with the Office of the Dean of Students to discuss 
appropriate procedures and protection of student rights, and to determine 
whether the case shall be heard by the faculty member, the Office of the Dean of 
Students or the Academic Honor Board. Any student with a prior finding of 
responsibility for an Honor Code offense or students with a history of serious 
non-academic misconduct (typically consistent with the status of "disciplinary 
probation") will be referred to the Academic Honor Board for resolution. 

8 



4. If the student has no prior Honor Code offenses and no history of serious 
non-academic misconduct, the faculty member will meet with the student to 
inform the student of the allegation of academic dishonesty and explain to the 
student their options, as follows: 

a. If the student admits the infraction, the faculty member must either 
propose a settlement by private resolution OR refer the case to the Office of the 
Dean of Students (without assigning a grade until after being informed of the 
final outcome of the case). The dean/designee will proceed as outlined in 
Section I-3-C-6. 

b. If the faculty member decides on proposing a settlement by private 
resolution, proposed penalties should accord with the severity of the offense. 
Penalties can range from a failing grade on the work in question to a failing 
grade in the course. 1 The chairperson of the department in which the faculty 
member teaches may be consulted for assistance in reaching a settlement. If the 
penalty proposed by the instructor is acceptable to the student, the case can be 
resolved by providing notification to the department chair and to the dean of the 
college/school in which the faculty member teaches, and must be copied to the 
Office of the Dean of Students for inclusion in the student's disciplinary record. 

5. If the student does not admit the infraction, the faculty member must 
either: 

a. Refer the case to the Office of the Dean of Students (without assigning a 
grade). The dean/designee will proceed as outlined in Section I-3-C-6; OR 

b. Decide not to pursue the accusation(s) due to lack of evidence, 
whereupon he/she shall inform the reporting party of this decision within five 
days and also inform the Office of the Dean of Students. 

6. All cases referred to the Office of the Dean of Students will result in an 
honor hearing. If the student has no prior Honor Code offenses, the student shall 
choose a hearing either before the dean of students (or designee) or before the 
Academic Honor Board. Based on the nature and scope of the alleged 
infraction, the dean of students (or designee) may elect not to hear a case and to 
forward it directly to the Academic Honor Board. If the student has one or more 
prior Honor Code infractions or a history of serious non-academic misconduct, 
the case shall be heard by the Academic Honor Board. During a pre-hearing 
interview, the Office of the Dean of Students will provide each student 
respondent the opportunity to accept responsibility for the alleged offense and to 
accept a penalty appropriate for the offense without proceeding to the Academic 
Honor Board. If the student accepts the sanction, authority to determine the 
course grade resides with the instructor; however, an assigned grade of "F" for 



1 The assigned grade of "F" to a graduate student will result in ineligibility to continue in the Graduate School. 

9 



the course is generally appropriate for an Honor Code offense. If the student 
disagrees with the sanction, the case shall be heard by the Academic Honor 
Board. 

7. When hearing a case involving an undergraduate student, the UNCW 
Academic Honor Board shall be comprised of four undergraduates and two 
faculty members. One of the two faculty members must come from a different 
UNCW college or school than that in which the infraction occurred, as referred 
by the academic dean and appointed by the Office of the Dean of Students. A 
fully comprised board constitutes a quorum. 

8. When hearing a case involving a graduate student, the UNCW Academic 
Honor Board shall be comprised of four graduate students from the current 
Graduate Student Association or assigned by the Graduate School, one faculty 
member from the Campus Conduct Board, and one additional faculty member 
appointed by the Dean of the Graduate School. A fully comprised board 
constitutes a quorum. 

9. The outcome of an Academic Honor Board hearing is either a 
"responsible" or "not responsible" decision. If the student is found 
"responsible" for the charge, penalties shall be imposed according to the severity 
of the offense and made in consideration of whether it is the student's first 
offense. The sanction of disciplinary probation is typical for a first Honor Code 
offense, although any sanction outlined in Section II -4 of the Code of Student 
Life, up to and including suspension, may be assigned. The appropriate sanction 
for any student proven to be a repeat offender is suspension from UNCW. 
Authority to determine the course grade resides with the instructor; however, an 
assigned grade of "F" for the course is generally appropriate for an Honor Code 
offense (see footnote, p. 9 regarding the impact of an "F" for graduate students). 
If the Academic Honor Board or Office of the Dean of Students find the student 
not responsible for the charge, the instructor will ensure fair treatment of the 
student. 

10. A student found responsible for an Honor Code offense may appeal the 
decision in accordance with appeals procedures outlined in the Code of Student 
Life (Section II -2 -H for decisions made by the dean of students or designee, or 
II-3-D for decisions made by the Academic Honor Board). For Honor Code 
appeals, the provost or designee is designated for the purpose of deciding 
appeals. 

1 1 . The provost or designee, at his/her sole discretion, shall have the right to 
order an expedited review of the student's case. In such circumstances, the 
provost or designee shall sit as a hearing officer in lieu of the Academic Honor 
Board or the dean of students. This expedited hearing procedure shall be used 
only in emergency circumstances as identified by the provost or designee at 
his/her sole discretion. The decision of the provost/designee in such expedited 



10 



proceedings shall constitute a final decision of the student's responsibility or 
non-responsibility, except in cases where suspension is the sanction, in which 
case the student may appeal to the Board of Trustees. 

D. WITHDRAWS AND REPEATS 

1 . Once a student alleged to have violated the Academic Honor Code, the 
student will be prohibited from withdrawing from the course. Should a student 
withdraw from the class, the grade of "W" will be considered temporary 
pending the final resolution of the case, which may lead to the designation of a 
grade in place of the "W." 

2. A failing grade posted as a penalty for an admitted or adjudicated Honor 
Code offense shall not be replaced if the course is repeated. Both the penalty 
grade and the new grade shall appear on the student's transcript and count in the 
student's grade point average (see footnote one regarding the impact of an "F" 
for graduate students. 

This policy is published online at www.uncw.edu/policies . 



11 



SECTION II 

STUDENT CONDUCT AND APPEALS 



II I STUDENT STANDARDS OF CONDUCT 

Students share in the responsibility for maintaining an environment in which the 
rights of each member of the academic community are respected. When asked to 
report to any university office, a student is expected to appear at the time 
specified or to arrange another appointment. The university conduct system is a 
cumulative process; consequently, any student found responsible for violating 
the Code of Student Life may expect a more significant sanction in relation to the 
severity of the offense(s) and/or in relation to being found responsible on 
multiple occasions. All students and their guests shall be responsible for 
conducting themselves in a manner that helps to enhance an environment of 
learning in which the rights, dignity, worth and freedom of each member of the 
academic community are respected. (See Section 600(3) and 608(2) of the Code 
of the Board of Governors, quoted in full in the preface to this Code.) 

In accordance with the Family Educational Rights & Privacy Act (FERPA), 
upon full participation in university orientation, an individual is considered a 
UNCW student in attendance and shall maintain that status unless an official 
university withdrawal is submitted. Students with pending non-academic 
charges will not be allowed to formally withdraw from the university until the 
disciplinary process has been completed and recorded. 

The University embraces and strives to uphold the freedoms of expression and 
speech guaranteed by the First Amendment of the U.S. Constitution and the 
North Carolina Constitution. The University has the right under appropriate 
circumstances to regulate time, place, and manner of exercising these and other 
constitutionally protected rights. All students are responsible for conducting 
themselves in a manner that helps enhance an environment of learning in which 
the rights, dignity, worth, and freedom of each member of the academic 
community are respected. Violations of campus or University policies, rules or 
regulations, or federal, state, or local law may result in violation of the Code of 
Student Life and imposition of student discipline (this section adopted April 
2010 as required by UNC General Administration, Policy 700.4.2; 2-12-10). 

A. OFF-CAMPUS RELATIONSHIP STATEMENT 

The mission of the university is teaching, research and community service. 
Inherent in this mission is the responsibility of the university to educate its 
students to be responsible, civic-minded citizens. As a university, we value our 
relationship with the surrounding community and realize we have a tremendous 
social, cultural and economic impact on the greater Wilmington community. 



12 



Policy setting and enforcement (discipline) are ways of educating students. In 
fulfilling our responsibilities to "discipline" students, the university is guided by 
common law and constitutional law. By law, our students are citizens subject to 
the rights as well as the responsibilities of community living. 

If individual students are identified and cited by staff, faculty or other students 
for violating state and/or university policies on campus, they are subject to the 
formal disciplinary process of the university and/or appropriate legal action. 

If individual students are identified and reported by community members for 
breaking the law, the university supports appropriate law enforcement officials 
taking necessary judicial action. If these students are reported to university 
officials, the university will intervene on an informal basis. "Informal" 
intervention will involve individual student(s) or student organization leader(s) 
being referred to the dean of students or designee for discussion of the incident. 

Off-campus behavior which may significantly impact the mission or the safety 
of the university community may be subject to formal university disciplinary 
action. 

B. OFFENSES 

Notwithstanding actions taken by civil authorities or private litigants, the vice 
chancellor for student affairs or his/her designee may initiate disciplinary 
proceedings as outlined in Section II-2 and/or Section V-8 against a student or 
group who violates or attempts to violate this Code or other applicable rules, 
including the following: 

1. Damages, defaces, alters, destroys or misuses university property or 
property belonging to a member of the university community, a visitor to 
the campus, or any other public or private property. 

2. Takes, purchases, or possesses university property and/or services or 
property of any other person without expressed permission or authority. 

3. Illegally possesses and/or uses a drug or narcotic. Students are expected to 
abide by local ordinances, state laws and federal laws regarding the 
consumption or possession of drugs (see State Law I). 

4. Sells or intends to manufacture drugs (see State Law I). 

5. Illegally possesses and/or uses drug paraphernalia (see State Law I). 

6. Possesses firearms on university property or at an event sponsored or 
supervised by the university or any recognized university organization (see 
State Law II). 

7. Possesses weapons, other than firearms, on university property or at an 
event sponsored by the university or any recognized university organization 
(see State Law II). 

8. Conducts himself/herself in a manner that significantly interferes with the 
teaching, learning or operations of the university. 



13 



9. Conducts himself/herself in a manner that endangers the health or safety of 
self or others, including but not limited to, DWI citations. 

10. Tampers with fire equipment, including fire alarms, on the UNCW campus 
as stated in North Carolina General Statute 14-286 (see State Law III). 

11. Sets a fire in or on university property, including, but not limited to, 
property as stated in North Carolina Statute 14-60 (see State Law III). 

12. Possesses or uses any explosive device, including, but not limited to, 
firecrackers, cherry bombs, bottle rockets and dynamite. 

13. Possesses or uses an alcoholic beverage in violation of state law and/or fails 
to abide by university policy on consumption and advertising of alcoholic 
beverages (see University Policy 05.303 and 05.304), including all 
applicable policies in the Guide to On-Campus Living. 

14. Is visibly overcome by alcohol or any other substance including, but not 
limited to, vomiting, loss of bodily control or consciousness, or requiring 
physical or medical assistance. 

15. Engages in hazing. Hazing by university groups is prohibited on or off 
campus (see State Law IV). Hazing is defined as a covert or overt action, 
occurring on or off campus, by an individual or group of individuals in 
connection to recruitment, initiation, rite of passage, or membership in a 
fraternity, sorority, UNCW sport club, group, organization or athletic team; 
that subjects any other member of the university community, voluntarily or 
involuntarily, to activity which creates an atmosphere for potential or actual 
humiliation, degradation, verbal, emotional or physical distress, abuse or 
injury; or compromises the academic mission and/or reputation of the 
University of North Carolina Wilmington. 

16. Inflicts or threatens bodily harm upon another, or acts in a manner which 
creates a risk of bodily harm to another. 

17. Harasses, abuses or threatens another by means other than the use or 
threatened use of physical force, including, but not limited to, stalking, 
phone and electronic communication, that may include one or more of the 
following: speech or action that in and of itself inflicts injury or tends to 
incite a disruption, or causes substantial disruption, or reasonably causes 
fear of great harm, or that interferes with the educational environment or 
disrupts university programs; speech or actions that interfere with ingress 
and/or egress on campus or in any off-campus university programs or 
events; and/or speech or actions which are obscene, including but not 
limited to sexual displays which appeal to prurient interest, violate 
community standards and have no redeeming cultural, artistic, scientific or 
literary value. 

18. Forges, alters, destroys or misuses university documents and records. 
Violations include, but are not limited to, forgery of applications for 
financial aid, admission, course changes and course credit, or alterations of 
transcripts, parking decals or student identification cards. 

19. Gains unauthorized entry to any university property and/or possesses 
unauthorized keys or access codes/cards to university facilities. The 



14 



duplication of a university key or sharing of university access codes/cards is 
prohibited. 

20. Gambles for money or other items of value; this includes playing of cards or 
other games of chance or skills for money or other items of value. 

21. Lends, sells, manufactures, possesses or otherwise transfers a student 
identification card or any other official form of identification, including the 
use of a student I.D. and/or meal card if not its original holder (see State 
Law VI, VIII & IX). 

22. Demonstrates and/or assembles in violation of North Carolina General 
Statutes. 

23. Misuses university technology in violation of rules and regulations of the 
UNCW Information Technology Systems Division (see University Policy 
07.100). 

24. Misuses university communication systems, including university phones 
and data lines, without consent of those responsible for their control, 
including but not limited to, inappropriate use of a UNCW emergency 
callbox. 

25. Intentionally furnishes false information to a member of the faculty, staff or 
a student acting in an official capacity. 

26. Engages in disorderly conduct including, but not limited to, verbally 
abusive or inappropriate behavior (see State Law V). 

27. Fails to comply with orders or directives of university officials, university 
hearing bodies, university police or any other law enforcement officers 
acting in performance of their duties. 

28. Discriminates against another student through behavior of a biased or 
prejudiced nature related to one's personal characteristics, such as race, 
color, national origin, sex, religion, handicap, age or sexual orientation. 

29. Is in violation of any part of the UNCW Harassment Prevention Policy (see 
University Policy 02.200). 

30. Conducts himself/herself in a manner which encourages or enables illegal 
activity and/or a violation of the Code of Student Life by failing to confront 
the behavior or by implicitly condoning the behavior by his/her presence 
during the activity. 

31. Is in violation of any North Carolina and/or Federal criminal law. 

32. Is in violation of any part of the UNCW Sexual Misconduct Policy (see 
University Police 04.130). 

33. Is in violation of policies and procedures as stated in the UNCW Housing 
and Residence Life publication, A Guide for On-Campus Living (see 
Section IV-3). 

34. Fails to provide accurate and complete information on the undergraduate or 
graduate application to the university. 

C. IDENTIFICATION OF STUDENTS ON CAMPUS 

In order to protect the safety and welfare of students and employees of the 
university and to protect the property of the university, all persons at events 



15 



or on property under the jurisdiction of the university shall identify 
themselves to an appropriate institutional representative who has identified 
himself/herself. A person identifies himself/herself by giving his/her name 
and complete address and stating truthfully his/her relationship to the 
university to an appropriate university official, and by presenting a valid 
identification card upon request. 

If any person refuses or fails upon request to present evidence of his/her 
identification and it reasonably appears that the person has no legitimate 
reason to be on the campus or in the facility, the person may be removed 
from the campus or facility and issued a trespass order. 

D. FINANCIAL TRANSACTIONS WITH THE UNIVERSITY 

The Student Accounts and Cashier Services Office is responsible for matters 
relating to student financial transactions. Students who owe debts to the 
university may be denied enrollment or readmission and may have official 
transcripts withheld until the debt is paid. Students who write insufficient 
fund checks to the university for registration fees may have their 
registration cancelled and are charged a nonsufficient fee on their account. 
Checks written to the university for purposes other than obligations to the 
university that are returned for insufficient funds may be the basis for legal 
and/or disciplinary action against the student issuing the check. 

The Office of Scholarships & Financial Aid reserves the right to revise or cancel 
student financial aid awards because of unauthorized changes in a 
recipient's enrollment status, inability to demonstrate satisfactory progress 
in their course of study, or failure to comply with written policies and 
procedures published by the Office of Scholarships & Financial Aid. 

II-2 INITIATION OF DISCIPLINARY PROCEEDINGS 
AND ADMINISTRATIVE DISPOSITION 

Under the direction of the chancellor, the vice chancellor for student affairs has 
primary responsibility and authority for the administration of student discipline. 
Further delegation of this authority may be made by the vice chancellor for 
student affairs, to the Office of the Dean of Students and to residence hall staff 
and/or other disciplinary bodies, such as Student Organizations Committee, 
Sport Club Council, Graduate Student Association, Panhellenic Council, 
National Pan-Hellenic Council and Interfraternity Council. 

A. DISCIPLINARY CORRESPONDENCE 

All disciplinary correspondence will be sent to the student's UNCW e-mail 
address, read receipt requested. The University of North Carolina Wilmington 
regards e-mail as an official method of communication with student, staff 



16 



and faculty (UNCW Policy 07.100). The university reserves the right to use 
other reasonable means to notify students. 

B. FILING COMPLAINTS 

Any academic or administrative official, faculty or staff member or student may 
file a written complaint with the Office of the Dean of Students against any 
student for misconduct. The complaint must include factual information 
supporting the allegation. Anonymous charges will not be permitted. 

While action on a complaint of violating a university regulation is pending, the 
status of the student shall not be altered except for reasons outlined in 
Section II -2-1. 

C. PRESUMPTION OF INNOCENCE 

Any student charged with an infraction under this Code shall be presumed not 
responsible until proven responsible by a preponderance of evidence. 

D. PRELIMINARY INVESTIGATION 

When the dean of students/designee receives information that a student has 
allegedly violated university regulations or local, state or federal law, the 
dean/designee shall investigate the alleged violation. After completing a 
preliminary investigation, normally a determination of whether or not to pursue 
the charge will be made within 30 calendar days. Reasonable extensions of this 
time are permissible. The dean/designee may: 

1 . Find no basis for the complaint and dismiss the allegation as unfounded, or 

2. Summon the student for a conference (see Section II-2-G) and then either 
dismiss the allegation, or 

3. Proceed administratively by informing the student of the following options 
for resolution of the disciplinary charges: 

a. Disagree to the charge(s) and have a regular hearing before Campus 
Conduct Board (CCB) where a determination of responsibility will be 
made. If the student is held responsible by CCB, an appropriate 
sanction will be determined. 

b. Disagree to the charge(s) and request an administrative hearing before 
the dean of students/designee where determination of responsibility 
will be made. The dean/designee may elect not to hear the case. The 
case would then be heard by CCB. If the student is held responsible by 
the administrative hearing officer, an appropriate sanction will be 
determined. 

c. Agree to the charge(s) and elect for CCB to determine an appropriate 
sanction. 

d. Agree to the charge(s) and elect for an administrative hearing before 
the dean of students/designee to determine an appropriate sanction. The 
dean/designee may elect not to hear the case. The case would then be 
heard by CCB. 

17 



E. ADMINISTRATIVE HEARING PROCEDURE 

1. If a student requests an administrative hearing before the dean of 
students/designee, the dean of students/designee is required to forward the 
student written notice of the time and place of the hearing to the accused at 
least five (5) business days prior to the hearing. The student may waive all 
or part of the five (5) business days written notice requirement. All waivers 
shall be executed in writing. 

2. A student choosing an administrative hearing before the dean of 
students/designee has a right of appeal to CCB and then to the vice 
chancellor for student affairs, for cases resulting in suspension. 

3. If a student chooses a hearing before CCB and is cited for an additional 
violation(s) in the interim, the student then forfeits the right to a CCB 
hearing and an administrative hearing will be conducted on all charges. 

F. RESPONSIBILITY OF THE OFFICE OF THE DEAN OF 
STUDENTS/DESIGNEE TO RESPONDENT 

The dean of students/designee shall provide him/her: 

1. a pre -hearing interview with the dean of students/designee where all 
rights, responsibilities and procedures are explained. 

2. written notice of the charge(s) and an outline of student rights. In the 
event that additional charges are brought, further written notice must be 
forwarded to the respondent. These notices are sent via e-mail pursuant 
to Section II-2-A. 

3. review of all available information, documents, and a list of 
witnesses that may testify against him/her. This is a continuing 
obligation of the complaining party and the dean of students/designee. 

4. choice between an administrative or CCB hearing (except as outlined 
in Section II-2-D-3-d). 

5. choice to elect not to appear at the hearing, in which case the hearing 
shall be conducted in the respondent's absence. 

6. assistance by an advisor from within the university, upon the request 
of the respondent. The advisor may not be an attorney unless there are 
also criminal charges pending. The advisor, upon request of the 
respondent, may: 

a. advise the respondent concerning the preparation and 
presentation of his/her case. The advisor may not speak for the 
respondent. 

b. accompany the respondent to all conduct proceedings 



18 



c. have access to all materials relating to the case. If the advisor is 
not provided by the university, it is the respondent's responsibility to 
provide his/her advisor these materials. 

7. in cases involving sexual misconduct, both the complainant and the 
respondent may each have an advisor as well as a support person with 
them during the hearing. The support person(s) may not participate in the 
hearing. 

8. written notice of date, time, and place of the hearing forwarded to the 
accused at least five (5) business days prior to the hearing. The formal 
hearing will not be held less than five (5) business days from the date of 
the original notification, unless the respondent waives this five (5) day 
time limit in writing. This timeline may be extended at the discretion of 
the ODOS. 

9. prior to a hearing in cases which may involve suspension, the 
respondent is entitled to a written notice of the charge(s) including 
possible sanctions, review of all available information, documents, and a 
list of witnesses that may testify against him/her and an outline of student 
rights. This notice will be sent via e-mail pursuant to Section II-2-A. 

10. for all charged offenses which could result in expulsion, written 
notice will include the possible sanction, review of all available 
information, documents, a list of witnesses that may testify against 
him/her and an outline of student rights. This notice will specify that 
expulsion precludes matriculation at any UNC constituent institution and 
will be sent via e-mail pursuant to Section II-2-A. 

1 1 . a final administrative decision will normally be determined immediately, but 
must be determined within ten (10) business days after the date of the hearing. 
The decision of hearing form will be presented to the respondent in writing 
within five (5) business days of the decision. 

G. SUMMONING A STUDENT FOR A CONFERENCE 

Should a respondent not appear when requested by the dean of 
students/designee, the dean of students/designee may formally summon the 
respondent to appear for a meeting in connection with an alleged violation by 
sending him/her notification of this (pursuant to Section II-2-A). 

This notification shall direct the respondent to appear at a specified date, time 
and place not less than three (3) business days later. The letter shall also 
describe briefly the alleged violation(s). 

If the respondent fails to respond to a notification and the required pre -hearing 
interview, the respondent forfeits the options in Section II-2-D-3, and will be 
notified by email pursuant to Section II-2-A, sent five (5) business days before a 
hearing before the dean of students/designee or, at the option of the dean of 

19 



students, the CCB. At this hearing, a decision of responsible or not responsible 
will be made based on available information, with or without the respondent. If 
the respondent fails to attend the hearing, all allegations against the respondent 
shall be deemed to be denied. When appropriate, a sanction will be determined 
and the respondent will be notified by email pursuant to Section II-2-A. 

If the respondent is found responsible and sanctions are imposed, the respondent 
is responsible for completing these sanctions regardless of their 
participation in the hearing process. Failure to complete assigned sanctions 
may result in further conduct action 

H. APPEAL OF ADMINISTRATIVE ACTION 

The respondent may request an appeal within two (2) business days after 
notification of the original decision. Notification is defined as the date the 
decision is given to the respondent in person, or the date stamp of the email sent 
to the respondent (see Section II-2-A). Original sanctions (with the exception of 
summary suspension) are normally put into effect only after an appellate 
decision has been made. 
1 . Procedure 

a. The function of the dean of students/designee or CCB in 
hearing an appeal is that of reviewing the action of the administrative 
hearing officer to determine if: 

(1) . an alleged violation of the rights guaranteed the respondent has 
occurred; 

(2) . the sanction is too severe for the violation; or 

(3) . new evidence has developed which has bearing on the outcome. 

b. For non-suspension level cases, the dean of students/designee 
shall serve as the appellate hearing officer. For suspension level cases, 
CCB shall receive the petition. Such petition shall be submitted in 
writing through the Office of Dean of Students explaining in detail the 
reasons for the student's appeal and specifying the ways in which 
he/she believes the procedures or actions of the administrative hearing 
officer have violated the standards outlined in Section II -2. 

c. Upon receiving a petition, the dean of students/designee or CCB shall 
obtain the record of the administrative hearing officer. Such record 
shall include relevant documents and a written statement by the hearing 
officer. Such statement in the case of administrative action shall 
summarize the case and the reasons supporting the disciplinary 
decision. 

d. With this information, the dean of students/designee or CCB shall 
decide whether an appeal hearing is warranted. This decision is based 
on one or more of the three options for an appeal outlined in Part H-l-a 
above. The respondent will be notified in writing of a decision within 
seven (7) business days after receipt of the petition. 



20 



e. If the dean of students/designee or CCB determine that a hearing 
should be granted, that hearing shall be held within seven (7) business 
days of such determination and notification shall be given in writing at 
least three (3) business days prior to the date set for the hearing, 
specifying time and place of the hearing and informing the respondent 
of his/her rights as outlined in Section II-3-C. If a respondent chooses 
to waive the seven (7) business day notice and other requirements as 
stated in this section, an immediate appeal hearing may be heard. 

f. The dean of students/designee or CCB shall invite the respondent, the 
original administrative hearing officer, and such other persons as it 
deems appropriate to appear to make statements and respond to 
questions. The student and administrative hearing officer may request 
the appellate officer or Board to invite persons to testify if there is new 
evidence. Regular hearing procedures will be followed in appeal cases 
where new evidence is presented. 

g. No member of CCB shall be a party to any prior investigation or 
witness in the case nor should any member be placed in the position of 
developing or prosecuting the case. 

h. After the hearing is concluded, the dean of students/designee or CCB 
shall go into closed deliberations to reach a decision. 

i. The dean of students/designee or CCB has the authority to approve, 
reject or modify the decision in question consistent with this Code. In 
non-suspension level cases, the decision of the dean of 
students/designee is final, and no further appeals will be entertained. In 
suspension-level cases, the decision of CCB may be appealed to the 
vice chancellor for student affairs as outlined in Section II-3-D. Prompt 
notice of the decision shall be given. Any appeal of this decision must 
be in writing and presented within two (2) business days after 
notification of the decision (see Part H-l-b). 

j. During times in which CCB is not in session, such as an examination or 

break period, all cases may be heard administratively with an appeal to 
the vice chancellor for student affairs. The vice chancellor's decision 
may be appealed to the board of trustees only in cases of suspension or 
the board of governors in cases of expulsion from the university. 

k. In cases involving a violation of the UNCW Sexual Misconduct Policy, 

both the complainant and respondent have the right to appeal. 

I. SUMMARY SUSPENSION 

1 . Summary suspension is an action requiring that a student immediately leave 
the campus and university property. It may be imposed upon a student by 
the vice chancellor for student affairs or designee when there is reasonable 
cause to believe, based on available facts, that the student is an immediate 
threat to the safety of him/herself, other members of the university 
community or university property, or is disruptive without relief to the 
university community. 



21 



2. Any student who is suspended on a summary basis and returns to the 
campus and university property during the suspension shall be subject to 
further disciplinary action and may be arrested for criminal trespass. 
Permission to be on campus for a specific purpose (e.g., to take an exam, to 
consult with the dean of students or to participate in the disciplinary 
procedures against him/her) may be granted by the dean of students or 
his/her designee and requires 24 hour advance notice. 

3. When a student is suspended on a summary basis, he or she is given notice 
containing the reasons for suspension, the duration and any conditions that 
apply, and the website for the Code of Student Life. A student notified of 
such summary suspension may, within ten (10) business days of the written 
notice of suspension, request through the dean of students/designee a 
regular hearing before CCB to determine the responsibility or non- 
responsibility of the student charged and the appropriate sanction and 
whether the conditions of the summary suspension should continue. A 
regular hearing, where normal procedures apply, before CCB or the 
Committee on Extraordinary Disciplinary Emergencies, shall normally be 
conducted within five (5) business days of the student's request for a 
hearing. 

J. ADMINISTRATIVE MEASURES 

1. PARENTAL NOTIFICATION 

Parents or guardians of every freshman, and in some cases upper-division 
students, placed on disciplinary probation will be notified through written 
correspondence by the Office of the Dean of Students. The purpose of the 
notification is to encourage parents to discuss the situation with the student, 
define the terms and conditions of disciplinary probation and encourage 
parents to work with the university in addressing behaviors which fall 
below the university's conduct standards. 

2. PENDING CRIMINAL CHARGES 

If a respondent is also the subject of pending criminal charges, an attorney 
will be allowed to serve as advisor to the student. An attorney will be 
allowed to participate under the same parameters as a university advisor as 
articulated in Section II-2-F-5. 

3. STUDENTS WITH DISABILITIES 

When a student with a documented disability is charged with an offense, 
and informs the Office of the Dean of Students of such status, the university 
will assure that all requirements of Section 504 of the Rehabilitation Act 
and the Americans with Disabilities Act are met. 

4. CAMPUS SECURITY ACT - SEXUAL MISCONDUCT AND 
SEXUAL HARASSEMENT 

In cases involving sexual misconduct and sexual harassment, both the 
complainant and the respondent are entitled to have an advisor and one (1) 
support person present during a disciplinary proceeding, neither of which 
may participate in any way in the hearing. 



22 



5. ADMINISTRATIVE ORDER OF NO CONTACT 

When, based on campus or external incident/police reports, the university is 
made aware that two or more students may pose a nuisance to the peace of 
the community by harassing or threatening one another, as evidenced by 
concerns reported by other students or the faculty or administration, and 
independent of any protective orders placed by a judge or magistrate, the 
Office of the Dean of Students may impose a mutual "Order of No Contact" 
between two or more students in order to maintain peace within the 
community. Students issued an "Order of No Contact" may by no means 
communicate with, directly or indirectly, a student listed by the university. 
Failure to comply with a university "Order of No Contact" will result in 
disciplinary action taken by the university. 



II-3 CAMPUS CONDUCT BOARD 
A. CAMPUS CONDUCT BOARD 

1. The CCB is activated when a student requests a hearing before CCB or if 
a case is referred automatically by the dean of students/designee. The vice 
chancellor for student affairs or designee serves as the advisor to CCB. 
The members are: 

a. six students recommended by the Student Government Association 
and appointed by the chancellor. 

b. two faculty members recommended by the Faculty Senate 
chairperson and appointed by the chancellor. 

2. The dean of students or designee will select and train CCB members to 
serve as chairs. 

3. Quorum shall consist of four student members and one faculty member. 
During summer sessions a quorum shall consist of three students and one 
faculty member. 

4. Selection 

a. Students recommended by Student Government Association and 
chancellor for appointment to CCB are selected through a campus wide 
application process. 

b. CCB members will be appointed annually. Members serve a one-year 
term and may be reappointed annually by the Student Government 
Association. This will require reapplication. 

c. Vacancies occurring during the course of the year will be filled by 
the vice chancellor for student affairs. 

d. Members of CCB become active members only after they have been 
trained by the Office of the Dean of Students. 

e. CCB members may be excused from their role on the board if they 
fail to maintain the required GPA, exhibit inappropriate behavior in or out 
of the hearings, or otherwise fall out of good standing with the university. 

5. Jurisdiction of CCB 



23 



a. CCB has appellate power to review decisions of administrative 
hearing officers and of the dean of students/designee with authority to 
lessen but not increase the sanction imposed. CCB may refer a case to the 
original hearing officer for a rehearing. 

b. CCB may have, at the request of a respondent or the dean of 
students/designee, original jurisdiction in conduct cases. 

c. CCB will serve as the original hearing body for cases involving 
student organizations, sport clubs and fraternity and sorority life, with 
additional designees from the appropriate advisory council (see Section 
V-7 and Section V-8). 

B. PROCEDURAL STANDARDS FOR CCB CASES 

1 . The decision shall be based solely upon such matters and must be 
supported by the evidence, which will be introduced at the hearing. Any 
student charged with an infraction under this Code shall be presumed not 
responsible until proven responsible by a preponderance of evidence (See 
Section II-2-C). 

2. All evidence will be admitted except that which is irrelevant or repetitious 
or which is obtained in violation of the search-and-entry provisions 
appearing in Section IV-H-land H-2. 

3. CCB records are maintained in the Office of the Dean of Students and are 
confidential. They may be released only with the consent of the student 
involved. A written record of the proceedings and action taken will be 
filed with CCB. 

4. No member of the hearing body who has a personal interest in the 
particular case may sit in judgment during the proceeding. If a member 
refuses to recuse him/herself due to a conflict of interest, the dean of 
students/designee will make the excusal decision. The respondent will 
also be given the opportunity to challenge a committee member or official 
on these grounds. In such cases in which a member cannot serve due to 
a conflict of interest, a temporary member may be appointed by the vice 
chancellor or designee to serve for the duration of the hearing. 

C. HEARINGS BEFORE CCB 

1 . Prior to a hearing, the respondent is entitled to: 

a. a prehearing interview with the dean of students/designee where all 
rights, responsibilities, and procedures are explained. 

b. a written notice of the charge(s) and an outline of student rights. In 
the event that additional charges are brought, further written notice must 
be forwarded to the respondent. These notices are sent pursuant to 
Section E-2-A. 

c. review all available information, documents and a list of witnesses 
that may testify against him/her. This is a continuing obligation of the 
complaining party and the dean of students/designee. 



24 



d. assistance by an advisor from within the university, upon the request 
of the respondent. The advisor may not be an attorney unless there are 
also criminal charges pending. The advisor, upon request of the 
respondent, may: 

(1) . advise the respondent concerning the preparation and presentation of 
his/her case. The advisor may not speak for the respondent. 

(2) . accompany the respondent to all conduct proceedings. 

(3) . have access to all materials relating to the case. 

(4) . in cases involving sexual misconduct and sexual harassment, both the 
complainant and the respondent are entitled to have an advisor and one 
(1) support person present during a disciplinary proceeding, neither of 
which may participate in any way in the hearing 

e. A written notice of time and place of the hearing forwarded to the 
respondent at least five (5) business days prior to the hearing. The formal 
hearing will not be held less than five (5) business days from the date of 
the original notification, unless the respondent charged waives the limit in 
writing. 

f. Prior to a hearing in cases which may involve suspension the 
respondent is entitled to a written notice of the charge including possible 
sanctions, review of all available information, documents, exhibits, a list 
of witnesses that may testify against him/her and an outline of rights. 
This notice will be sent via e-mail pursuant to Section II-2-A. 

g. For all charged offenses which could result in expulsion, written 
notice will include the possible sanction, review of all available 
information, documents, exhibits, a list of witnesses that may testify 
against him/her and an outline of rights. This notice will specify that 
expulsion precludes matriculation at any UNC constituent institution and 
will be sent via e-mail pursuant to Section II-2-A. 

h. In cases that may result in suspension or expulsion, the formal 
hearing date will be scheduled no less than ten (10) business days after 
the respondent receives notice of the referral, unless the respondent 
waives the limit and agrees to an earlier hearing date. Waivers are 
voluntary and must be in writing and signed by the respondent and the 
dean/designee. Reasonable extensions of time for either party to prepare 
for the hearing may be allowed. 

i. During times in which CCB is not in session, such as an examination 
or break period, all cases may be heard administratively with an appeal to 
the vice chancellor for student affairs. The vice chancellor's decision may 
be appealed to the board of trustees only in cases of suspension or the 
board of governors in cases of expulsion from the university. 

2. In those cases in which the respondent disputes the facts upon which the 
charges are based, such charges shall be heard and determined by CCB, 
who will: 

a. determine that the dean of students/designee has satisfactorily 
performed the requirements of Section II-3-C-3. 



25 



b. rule on the admissibility of evidence, motions and objections to 
hearing procedures; render a written decision as to the respondent's 
responsibility for the charges; set forth finding of facts and determine the 
sanction, if any; and provide the dean/designee and student with the copy 
of the decision. 
3. The dean of students/designee shall: 

a. consult CCB in setting the date, time and place for the hearing. 

b. summon witnesses and prepare evidence for each hearing. 

c. notify the respondent in writing (pursuant to Section II-2-A) of the 
following: 

(1) . the date, time and place for the hearing - the letter shall specify a 
hearing date not less than five (5) business days after the official notice 
is sent. 

(2) . the name of the person appointed to serve as chairperson of CCB. 

(3) . the names of witnesses who may testify against the respondent. 

(4) . the charges against him/her. 

(5) . the dean of students/designee may question a student testifying in 
the respondent's behalf or question the respondent if he/she testifies in 
his/her own behalf. 

(6) . if the student charged is a minor (under 18 years of age), a copy of 
the letter may be sent to his/her parent or guardian. 

d. in cases that may result in suspension or expulsion, the formal 
hearing date will be scheduled no less than ten (10) business days after 
the respondent receives notice of the charge(s) from the Office of the 
Dean of Students. 

e. A respondent may request in writing that an earlier date be set, if 
feasible. Reasonable extensions of time for either party to prepare for the 
hearing will be allowed. CCB, with good cause, may postpone or 
continue the hearing and notify all interested persons of the new hearing 
date, time and place. 

f. Provide the respondent, in writing, the following information about 
their rights, as well as an opportunity to have their rights explained by the 
dean of students or designee: 

(1) . to appear in person, hear all testimony, present any relevant 
information on his/her behalf, call witnesses and ask questions of any 
person present at the hearing. 

(2) . to elect not to appear at the hearing, in which case the hearing shall 
be conducted in the respondent's absence. 

(3) . upon request of the respondent, to be assisted by an advisor from 
within the university. The advisor may not be an attorney unless there are 
also criminal charges pending. 

(4) . to refuse to answer any questions or make a statement; however, the 
hearing authority shall then make its decision solely on the basis of 
information introduced at the hearing. 



26 



(5) . to be responsible only upon a finding that is based on the information 
introduced at the hearing. 

(6) . to know the identity of witnesses who will testify for and against the 
respondent. 

(7) . to question each witness who will testify against the accused for the 
purpose of clarification. 

(8) . To have all statements, information or comments given during the 
hearing held in strictest confidence by members of the Board before, 
during and after deliberation. Only those faculty and staff with an 
education need to know will be informed of the outcome. The chairperson 
will exercise control over the hearing to avoid needless consumption of 
time, to avoid repetition of information and to prevent the harassment or 
intimidation of participants. 

(9) . to have hearings conducted in an informal manner where technical 
rules of evidence will not be applied. The taking of statements of 
witnesses may be done orally or in writing provided the respondent has 
had the opportunity to review all written statements prior to the hearing, 
though each witness shall be subject to cross-examination. Witnesses 
(with the exception of the respondent) shall be present during the hearing 
only during the time they are testifying. While written statements are 
admissible, a respondent shall not be found responsible who has not had 
the opportunity to testify, and to present evidence and witnesses. 

(10) . to receive a Decision of Hearing form which outlines the charges 
and rationale for case outcome. 

(1 1) . to appeal as outlined in Section II-3-D 

If a respondent fails, without good cause, to comply with the letter sent 
under this section, CCB may proceed with the hearing in the respondent's 
absence, as has been outlined. 

CCB shall proceed generally as follows during the hearing: 

a. CCB chairperson states the hearing is closed to the public. 

b. The chairperson of CCB informs the respondent of his/her 
rights as listed in Section II-3-C, and asks the respondent whether 
he/she agrees or disagrees to the charge(s) before CCB. 

c. The dean of students/designee presents the university's case 
and may call any witnesses they have present. 

d. The respondent and the CCB may question the university 
and/or each witness called. 

e. The respondent presents his/her case and may call any 
witnesses they have present. 

f. The university and the CCB may question the respondent 
and/or each witness called. 

g. The dean of students/designee and the respondent present 
rebuttal evidence and final statements. Both the dean of 
students/designee and the respondent may make closing statements. 



27 



h. CCB deliberates in a closed session and decides the issue of 
responsible or not responsible for each charge. 

i. If the CCB finds the respondent not responsible for all 
charges, the hearing is concluded. 

j . If CCB finds the respondent responsible for one or more 

charges, the dean of students/designee and respondent may present 

evidence and argument on an appropriate sanction. 

k. If CCB finds the respondent responsible, the dean of 

students/designee will indicate whether the student has any prior 

findings of responsibility for academic or nonacademic conduct 

violations. 

1. CCB deliberates in a closed session and determines an 

appropriate sanction. 

m. CCB renders a written decision as to whether they find the 
respondent responsible or not responsible for the charge(s). The 
decision states the sanction, if any, and procedures for appeal. The 
respondent and dean of students/designee shall each be given a copy of 
the decision. A final Board decision will normally be determined 
immediately but must be determined within ten (10) business days after 
the date of the hearing. The final decision, containing a brief summary 
of the evidence, will be presented to the respondent in writing. This 
will generally occur immediately following the hearing, however may 
take up to five (5) business days. 

6. The student conduct file is confidential and consists of: 

a. a copy of the original referral. 

b. a copy of all correspondence directed to the respondent. 

c. a copy of all material presented to, or considered by, the CCB. 

d. a copy of all official decision of hearing. 

e. a copy of all appeal documentation submitted, if any. 

D. APPEAL OF A CAMPUS CONDUCT BOARD DECISION 

The respondent may request an appeal to the dean of students/designee or the 
vice chancellor for student affairs within two (2) business days after notification 
of the original decision. Original sanctions (with the exception of summary 
suspension) are normally put into effect only after an appellate decision has been 
made or the timeline for appeal has expired. 

Any appeal of the decision must be in writing and presented within two (2) 
business days after notification of the decision. Such petition shall be submitted 
to the Office of the Dean of Students and explain in detail the reason(s) for the 
student's appeal (see Part D-l-a above). 



28 



For non-suspension level cases, the dean of students/designee shall serve as the 
appellate hearing officer. For suspension level cases, the vice chancellor for 
student affairs shall receive the petition. 

1 . Procedure 

a. The function of the dean of students/designee or vice chancellor for 
student affairs in hearing an appeal is that of reviewing the action of CCB to 
determine if: 

(1) . an alleged violation of the rights guaranteed the respondent has occurred; 

(2) . the sanction is too severe for the violation; or 

(3) . new evidence has developed which has bearing on the outcome. 

b. Such petition shall be submitted in writing through the Office of the 
Dean of Students explaining in detail the reasons for the respondent's appeal and 
specifying the ways in which he/she believes the procedures or actions of CCB 
have violated the standards outlined in Section II-3. 

c. Upon receiving a petition, the dean of students/designee or the vice 
chancellor for student affairs shall obtain the record of the CCB. The record 
shall include relevant documents, the decision of hearing including a case 
summary and rationale for supporting the decision. 

d. With this information, the dean of students/designee or the vice 
chancellor for student affairs shall decide whether an appeal hearing is 
warranted. This decision is based on one or more of the three options for an 
appeal outlined in Part D-l-a above. The respondent will be notified in writing 
of the decision within seven (7) business days after receipt of the petition. 

e. If the dean of students/designee or the vice chancellor for student 
affairs determines that a hearing shall be granted, that hearing shall be held 
within ten (10) business days of such determination and notification shall be 
given in writing at least three (3) business days prior to the date set for the 
hearing, specifying time and place of the hearing and informing the respondent 
of his/her rights as outlined in Section II-3-C. 

f. The dean of students/designee or the vice chancellor for student affairs 
shall invite the respondent and other persons as he/she deems appropriate to 
appear before him/her to make statements and respond to questions. The 
respondent may request that he/she invite persons to testify if there is new 
evidence. 

g. The dean of students/designee or vice chancellor for student affairs has 
the authority to approve, reject or modify the decision in question or to remand 
the case to the Campus Conduct Board. His/her decision may be appealed to the 
board of trustees only in cases of suspension, and to the board of governors only 
in cases of expulsion from the university. 

h. In cases involving sexual misconduct (as defined in the UNCW Sexual 
Misconduct Policy), the complainant also has the right to appeal. This appeal 
petition must be in writing and will be submitted to the Office of the Dean of 
Students within two (2) business days of notification of the outcome of the 
hearing. 



29 



II-4 AUTHORIZED DISCIPLINARY SANCTIONS 

A. LEVELS OF UNIVERSITY DISCIPLINARY SANCTIONS 



1. Written Reprimand — A written reprimand involves a status of warning 
through the end of the next full semester, which terminates automatically 
when the imposed period expires. 

2. Disciplinary Probation — Disciplinary probation involves a status of 
probation for up to one calendar year, which terminates automatically when 
the imposed period expires. A student who is placed on disciplinary 
probation is considered not to be in good standing with the university. 

As part of disciplinary probation, the student may have restrictions placed on 
specific student privileges, as determined by the hearing body or 
administrative hearing officer, not to exceed the duration of the 
probationary period. In the event of a further violation of this Code or other 
applicable rules while on disciplinary probation, the university will seek the 
penalty of suspension or expulsion. 

3. Suspension* — Suspension involves withdrawal of enrollment privileges 
and cancellation of registration, at a minimum, through the end of the next 
full semester, and carries with it conditions which must be met for re- 
enrollment. All suspended or expelled students must meet with the dean of 
students or designee to make clear the terms of their suspension or 
expulsion from the university. 

Re-enrollment after a suspension period requires that the student apply to 
the dean of students at the close of the imposed period, and the dean will 
determine whether the student has met the conditions imposed and is 
otherwise eligible for re-enrollment. A denial may be appealed to the 
Committee on Extraordinary Disciplinary Emergencies. 

During the term of suspension, the student may not come onto campus. 
Failure to abide by this condition may result in arrest for criminal 
trespassing. 

A student who is suspended after the deadline for withdrawal with a "W" 
shall be assigned a grade of "WF" or "W" by each instructor based upon the 
academic performance prior to the suspension. 

A sanction of suspension requires that the students name be added to the UNC 
Suspension/Expulsion Database. 



30 



4. Expulsion is the permanent dismissal of a student from the university, and it 
precludes matriculation at any UNC constituent institution, unless and until 
the chancellor who imposed or approved the sanction or his/her successor 
concludes on the basis of the former student's petition and any supportive 
documentation that the individual should be given a new opportunity to 
pursue higher education within the UNC system. The student will be 
trespassed from university property for as long as the individual is 
considered a risk to others or to university property. Expulsion will result in 
a permanent transcript notation. 

A sanction of suspension requires that the students name be added to the UNC 
Suspension/Expulsion Database. 

5. Other Sanctions - For students living on campus, the Office of the Dean of 
Students will consult with Housing and Residence Life staff in order to 
address a student's comprehensive conduct in residence, and may enforce 
the Housing Contract which provides the university the right to a) move a 
student to another residence hall; b) cancel a student's housing contract; or 
c) refuse to renew a housing contract. Prior to removing a student from 
residence, the student is entitled to the full disciplinary process described in 
the Code of Student Life. Any student who is removed from on-campus 
housing shall not be entitled to a refund of room fees. 

For certain offenses, students may be restricted from visiting in or 
around campus residential facilities. 

* The sanction of suspension may be imposed by the dean of students, 
CCB and Committee on Extraordinary Disciplinary Procedures. Other 
hearing officers and/or hearing bodies may recommend the sanction of 
suspension. The chancellor or vice chancellor for student affairs may 
impose the sanction of expulsion. 

B. RESTITUTION 

CCB or the hearing officer, as part of the disciplinary process, may impose 
specific conditions (e.g., requirement of student to reimburse for damage to or 
destruction or misappropriation of university property or property of any person, 
and restitution in the form of appropriate service to be performed). 
Reimbursement may take the form of appropriate service for repair or otherwise 
compensate for damages. As part of the conditions established by CCB or the 
administrative hearing officer, a student may be denied access to a residence life 
area or evicted from university housing. 

C. MONETARY FEES 

As a part of the disciplinary process, students will be assessed a $50 fee for a 
first offense and $75 for a second offense for use or possession of alcoholic 



31 



beverages if under the age of 21. A $75 fee will also be assessed for use or 
possession of a Schedule III- VI drug. Fees will be used to fund substance abuse 
education programs. In addition, a student may be referred to CROSSROADS: 
Substance Abuse Prevention and Education Program and/or for a substance 
assessment at the Counseling Center or at an off campus agency if the hearing 
body finds alcohol or other drugs to be a contributing factor in the student's 
case. A student who fails to appear for an on-campus substance assessment will 
be required to complete the assessment off campus at his/her personal expense. 
A $50 fee will be reassessed to students who fail to appear for a Challenging 
Decisions-Alcohol or Marijuana class or other required classes at 
CROSSROADS. 

II-5 DISCIPLINARY RECORDS 

A. A hearing record, notice of appeal and each petition for review are 
confidential and may not be disclosed in whole or part except as provided 
in Section III-4. This disciplinary record shall be separate from the 
student's academic record but shall be considered a part of the student's 
educational record and maintained in the Office of the Dean of Students. 

B. Pursuant to the Family Educational Rights and Privacy Act of 1974 
(FERPA), the university may disclose the final results of disciplinary 
proceedings in which a student is found to have committed a violent 
crime or non-forcible sex offense. Disclosure is limited to the name of 
the violator, the type of violation and the sanction. Disclosure to victims 
may be made regardless of whether the alleged violator was found 
responsible. Disclosure to third parties may be made only if the alleged 
violator is found responsible. 

C. A student who is suspended or expelled will have a "hold" placed on their 
registration file by the dean of students/designee. The "hold" will be 
removed when the term of suspension expires and/or conditions for re- 
enrollment have been met. 

D. A notation of suspension or expulsion will be placed on the transcript as 
an administrative withdrawal. The student's name will also be 
permanently added to the North Carolina educational 
suspension/expulsion database. 

E. Records for cases not resulting in suspension or expulsion will be 
destroyed one year after graduation. 

II-6 COMMITTEE ON EXTRAORDINARY 
DISCIPLINARY EMERGENCIES 

Notwithstanding any other provisions of the UNCW Code of Student Life, and in 
fulfillment of the obligation of the university and of the chancellor to maintain 
campus security and to protect the safety and welfare of students, employees and 
visitors to the university, the Committee on Extraordinary Disciplinary 
Emergencies is established in accordance with the provisions of Sections 116- 



32 



11(2) and 116-34(a) of the North Carolina General Statutes, Sections 502D(3), 
600, 608(2), and Appendix Sections XII and XV of the Code of the Board of 
Governors of the University of North Carolina, Chapter 700 and Section 1300.1 
of the University of North Carolina Policy Manual, and Section 1-5 of the 
UNCW Code of Student Life. 

A. JURISDICTION OF THE COMMITTEE 

The Committee on Extraordinary Disciplinary Emergencies is established under 
the delegation of the chancellor pursuant to his/her responsibility for student 
affairs. The Committee is established to investigate and make recommendations 
to the chancellor concerning the disposition of complex cases or of those cases 
involving students or student organizations whose behavior, on or off campus, is 
such that their presence at the university, in the judgment of the Committee, 
upon referral from the vice chancellor for student affairs or the chancellor, may 
pose: 

1 . A serious risk of disruption of the academic environment. 

2. A serious risk of interference with the rights of other members of the university 
community. 

3. A serious risk or continuing danger to university property. 

4. A serious risk or continuing danger to themselves or to other members of the 
university community. 

B. OFFENSES 

An example of student behavior that may come within the jurisdiction of the 
Committee includes, but is not limited to: 

1. Students who have been arrested and charged with a serious crime of a violent 
nature, or of a dangerous nature, or which involved placing another person in 
fear of imminent injury or danger. 

2. Students subject to summary suspension under Section II-2-I of the UNCW 
Code of Student Life. 

3. Students or student organizations charged with serious violations of Section II- 
1-B of the UNCW Code of Student Life 



C. COMMITTEE MEMBERSHIP AND EMERGENCY 
PROCEDURES 

The Committee shall be composed of the vice chancellors and the associate vice 
chancellor for student affairs or their designees and a student member of the 
Campus Conduct Board. A quorum of the Committee shall consist of any four 
members of the Committee or their designees. In each case, the vice chancellor 
for student affairs shall designate a chair to preside over the Committee. In the 
event of a tie vote, the administrative action of the university is ratified. 



33 



If a graduate student is charged, one student from the current Graduate Student 
Association will be appointed to sit on the Extraordinary Committee as a voting 
member. 

In an emergency situation, pursuant to Section II-6-A & B or Section II-2-I of 
the UNCW Code of Student Life, the vice chancellor for student affairs or 
designee shall have the power to invoke summary suspension. After a hearing, 
as set forth below, the Committee may ratify the vice chancellor's action, 
reverse it or take any other appropriate action. In such emergency situations, the 
vice chancellor for student affairs shall inform the chancellor of all actions taken 
either summarily or by the Committee under the authority of this policy. The 
chancellor has the authority to approve, reject or modify the action of the vice 
chancellor for student affairs or the Committee at any stage of the proceedings 

D. COMMITTEE ACTION IN SPECIFIED SITUATIONS 

1 . Dangerous or Disruptive Student Behavior 

If, in the judgment of the vice chancellor for student affairs, the facts of any case 
are complex or indicate that the student's presence in the university poses a 
serious risk or continuing danger to self or to other members of the university 
community, or poses a serious risk to university property, or poses a serious risk 
or continuing danger of disruption of the academic environment or poses a 
serious risk of interference with the rights of other members of the university 
community, and the immediacy of the danger or threat is so great that 
emergency action should be taken, the vice chancellor for student affairs shall 
withdraw the case from the jurisdiction of the Campus Conduct Board and refer 
the case to the Committee. A student summarily suspended under this section 
shall have the right to a subsequent hearing as set forth below. Upon completion 
of a hearing, the Committee may reinstate the student, continue the student's 
suspension or expel the student. If the Committee expels the student, the 
suspension shall continue pending the chancellor's decision upon the student's 
appeal to the chancellor or upon the chancellor's decision to review the 
expulsion decision. 

2. Students Charged With a Crime 

In the case of a student who has been arrested and charged with a serious crime 
of a violent or dangerous nature or one which involved placing a person in fear 
of imminent injury or danger, the vice chancellor for student affairs shall review 
the facts and may withdraw the matter from the jurisdiction of the Campus 
Conduct Board and refer the case to the Committee. In those cases submitted to 
the Committee pursuant to this Subsection II-6-D-2, the Committee may 
consider whether the nature of the crime is such that, if the student were guilty, 
the student's presence in the university would represent one of the factors set 
forth above in II-6-A. If the Committee's determination is that if the student 
were guilty of the crime with which he/she is charged, and the student's 
presence at the university would pose a continuing danger or serious risk as set 
forth above, then the Committee shall suspend the student from the university. 



34 



In evaluating the student's behavior to determine whether it poses a serious risk 
or continuing danger, the Committee shall act in light of the standards set forth 
in the authorities cited in Section II-6-A and II-6-B and in the preamble to 
Section II -6 above. 

No action under Subsection II-6-D-2, relating to criminal charges, shall involve 
or be construed as an adjudication of the student's guilt or innocence of the 
crime charged, nor shall it be considered as evidence of the student's 
responsibility or non-responsibility in any subsequent Committee or Campus 
Conduct Board proceeding arising out of the same fact situation. 

A student who is summarily suspended from the university under this subsection 
shall have the right to a hearing before the committee. A request for a hearing 
must be submitted in writing to the vice chancellor for student affairs within ten 
(10) business days of the invocation of summary suspension. If criminal charges 
arising out of the same fact situation/incident are pending against the student at 
the time the hearing is to be held, the student may choose to go ahead with the 
institutional proceeding or may request that they be held in abeyance until the 
criminal case has been resolved. In either situation, pending the outcome of the 
hearing, the student's suspension shall remain in effect. If the student chooses to 
delay institutional proceedings until after resolution of the criminal case, 
institutional proceedings will be resumed immediately after resolution of the 
criminal case. If the hearing pursuant to this Subsection II-D-2 is held before the 
criminal case against the student has been resolved, an expulsion may not be 
imposed at that time. 

E. HEARING PROCEDURE 

Any student who has been suspended or expelled may not participate in any 
university activities or responsibilities, attend classes or come onto the campus 
except to attend a scheduled meeting or hearing on the case. Persons who wish 
to schedule a meeting with such a student must first request approval from the 
dean of students. If the student comes onto the campus for a hearing/meeting, 
he/she must immediately leave the campus at the end of the meeting. Any 
student who is suspended or expelled and returns to the campus and university 
property during the suspension or subsequent to the expulsion, without the 
express permission of the dean of students or the vice chancellor for student 
affairs or designee, shall be subject to further disciplinary action and may be 
arrested for criminal trespass. 

Summary suspension shall not be considered evidence of the student's 
responsibility or non-responsibility in any hearing of the Committee nor in any 
subsequent Campus Conduct Board proceeding. Prior to any hearing before the 
Committee, the student will be informed by letter of the vice chancellor for 
student affairs' summary action or intent to bring a charge before the 



35 



Committee. The student shall also be notified of the date and location of the 
hearing. The hearing shall be set no sooner than seven (7) business days from 
the date of the letter, and the letter shall be mailed to the student at the last 
known address, according to university records. The notice shall explain the 
charges against the student, the character of the evidence against the student, and 
the student's rights under this document: the right of due process and fair 
hearing, the presumption of innocence until found responsible, the right to be 
assisted by an advisor (see Section II-2-F-5), the right to testify and to present 
evidence and witnesses, and the right to hear and question adverse witnesses 
who appear before the Committee. An advisor may not conduct the student's 
defense, nor address the Committee, except at the sole discretion of the 
Committee. 

The Committee's decision will be based on the evidence presented. In cases 
brought under Section II-6-B and Section II-6-D-1, the Committee shall 
generally follow the procedure outlined in Section II-3-B, Section II-3-C-1 and 
Section II-3-C-4-6 of the UNCW Code of Student Life. In all cases, the rules of 
evidence shall not be strictly followed by the Committee; hearsay shall be 
admissible and any credible source, and documentary or testimonial shall be 
competent to establish the truth or falsity of the charges. 

Before a post-hearing action of suspension or expulsion may be imposed on a 
student pursuant to charges under Section II-6-B and Section II-6-D-1, the 
Committee must find by a preponderance of evidence that the student committed 
the offense in question. Before a post-hearing sanction may be imposed on a 
student under Section II-6-D-2 above, the Committee must find by a 
preponderance of the evidence that the student has, in fact, been charged with 
the crime in question, that the charge does not appear to be frivolous, and that, if 
the student committed the crime with which he/she is charged, his/her presence 
on the campus would pose a serious risk or continuing danger as set forth above. 

Recordings or transcripts of the hearing, but not of the committee's 
deliberations, shall be maintained. The vice chancellor for student affairs or 
designee shall be responsible for all records of Committee proceedings. 
Following the hearing, the student shall be notified of the Committee's decision 
by a letter sent to the student at the address the student has supplied the 
Committee with at the hearing, or if no address has been supplied at the hearing, 
then to the last known address according to university records. 

In accordance with the provisions of the federal Family Educational Rights and 
Privacy Act of 1974, as amended, the Committee may also disclose the results 
of the hearing to the alleged victim of the student's actions if: 
1 . The alleged actions involved the use, attempted use, or threatened use 

of physical force against the person or property of another; or 



36 



2. The alleged actions constituted a felony that, by its nature involves a 

substantial risk that physical force may be used against the person or 
property of another. 



F. APPEALS AND POST-HEARING PROCEDURES 

Subject only to the chancellor's authority to approve, reject or modify the 
decision of the Committee, such a decision shall become effective immediately 
upon its issuance. Reasonable steps of the same sort as set forth above in regards 
to notification of the student of the hearing shall be used to notify the student, as 
promptly as possible, of the Committee's decision and recommendation. A 
student may appeal the decision of the Committee to the chancellor within ten 
(10) business days of its issuance. The appeal shall be in writing and shall set 
forth the grounds for appeal, the basis of the objection to the Committee's 
findings and the requested relief sought. 

Upon receipt of an appeal from student, or in the chancellor's own discretion, 
the chancellor shall consider the decision a recommendation and shall decide 
whether to accept, modify or reject it. In the case of an appeal, or at the 
chancellor's request, the record of the proceedings before the Committee shall 
be prepared by the chairperson of the committee or designee and shall be 
forwarded to the chancellor. The record shall include the recordings or 
transcripts taken during the proceedings and a copy of all documents and other 
writings introduced in evidence at the hearing. It shall not include any record of 
the Committee's deliberations. 

An appeal is considered solely by the chancellor. A student may appeal the 
chancellor's decision to the Board of Trustees in cases of suspension or 
expulsion. Should the student choose to appeal to the Board of Trustees, the 
written appeal must be received by the Vice Chancellor for Student Affairs 
Office within 48 hours of notification of the original appeal decision. In either 
case, such appeal is final. Solely in cases proceeding under subsection II-6-D-2, 
where a student's suspension is continued but before any criminal charges can 
be finally resolved, the Division of Student Affairs shall cause the student to be 
formally withdrawn from school, and the student shall receive a full refund of 
any tuition and fees he/she has paid for the term in question minus the non- 
refundable enrollment deposit and any charges against his/her account (such as 
library fines, unpaid parking tickets, returned check charges, damages). 

Whether the hearing is held before or after resolution of the criminal case, if the 
student is reinstated after the hearing but due to the length of time which has 
passed before the hearing could be held, the student has missed so much class 
work that it will be impossible for the student to complete course work before 



37 



the end of the term, the student may choose either to take a grade of 
"incomplete" in those courses and complete them in the normal period of time 
allowed for completion of "incomplete" under university regulations or may 
choose to withdraw from the semester in question and receive a full refund of 
any tuition and fees he/she has paid for the term in question minus the non- 
refundable enrollment deposit and any charges against his/her account (such as 
library fines, unpaid parking tickets, returned check charges, damages). 

A former student who has been suspended by the Committee who wishes to 
return to the university must follow the terms established by the Committee for 
reinstatement, as outlined in official correspondence from the university, unless 
extraordinary circumstances exist. Such extraordinary circumstances may 
include, but are not limited to, a verdict of not guilty of the criminal charges 
forming the basis for the Committee's decision of suspension. Former students 
who petition the university for reinstatement must also subsequently apply for 
readmission. The university reserves the right to require the student to compete 
for admission with other applicants in that year, and comply with all other 
admissions criteria (created May 12, 1997; revised June 2008). 



38 



SECTION III 

UNCW STUDENT RECORDS & FAMILY 
EDUCATIONAL RIGHTS AND PRIVACY ACT 
(FERPA) POLICY 
POLICY 04.150 

III-l PURPOSE 

The Family Educational Rights and Privacy Act of 1974 (FERPA, also known 
as the "Buckley Amendment"), guarantees certain rights for students and 
eligible parents regarding access to, confidentiality of, and correction of the 
student's education records. FERPA provides that a student may inspect his or 
her education records. If the student finds the records to be inaccurate, 
misleading, or otherwise in violation of the student's privacy rights, the student 
may request amendment to the record. FERPA also provides that a student's 
personally identifiable information may not be released to someone else unless 
(1) the student has given a proper written consent for disclosure or (2) 
provisions of FERPA or the corresponding federal regulations permit the 
information to be released without the student's consent. This policy is 
administered in accordance with the FERPA regulations published in 34 CFR 
Part 99. 

III-2 DISCLOSURE OF DIRECTORY INFORMATION 

A. The university may release the following directory information to the 
public without the student's consent: name; class; college and major; 
dates of attendance; degree(s) earned; honors and awards received, 
including selection to the dean's or chancellor's list, honorary 
organization, or the GPA range for the selection; local address; local or 
contact telephone number; UNCW electronic mail address; most recent 
previous educational institution attended; place of birth; participation in 
officially recognized activities and sports; and the weight and height and 
date of birth of members of athletic teams. 

B. Under FERPA, the student has the right to request that the disclosure of 
directory information be withheld. If a student wishes to have the 
student's directory information withheld, they must complete a "Request 
to Prevent Disclosure of Directory Information" form in the Office of the 
Registrar. 

III-3 DISCLOSURE OF PERSONALLY IDENTIFIABLE 
INFORMATION 

A. The university may release personally identifiable information from 
student education records without the student's consent to school officials 
who have a legitimate educational interest to access the records. 

B. "Education records" mean records that are maintained by UNCW in any 
media (e.g. paper, electronic, digital image, film, video, audio tape) which 

39 



contain information directly related to a student and are personally 
identifiable to a student. Education records do not include: 

1. Personal records of university employees that are in the sole 
possession of the maker (i.e. notes of conversations), are used only 
as a personal memory aid, and are not accessible or revealed to any 
individual except a temporary substitute; 

2. Records of the UNCW police department used for law 
enforcement purposes; 

3. Student medical and counseling records maintained and used only 
in connection with provision of medical treatment or counseling of 
the student and are made available only to the individuals 
providing the treatment; 

4. Employment records unrelated to the student's status as a student 
(these records are covered under the N.C. Personnel Records Act); 

5. Records created or received after an individual is no longer a 
student in attendance and that are not directly related to the 
individual's attendance as a student (i.e. alumni records); or 

6. Grades on peer-graded papers before they are collected and 
recorded by a faculty member. 

C. "School official" means: 

1. An employee, agent or officer of the university or The University 
of North Carolina's General Administration in an administrative, 
supervisory, academic or research, or support staff position and 
acting in his or her official capacity, including a student assisting 
another school official in performing his or her tasks; 

2. A person serving on university committees, boards, and/or 
councils, including an individual serving on a disciplinary or 
grievance committee; 

3. Another educational institution that requests records for a 
particular student who seeks or intends to enroll or where the 
student is already enrolled provided the disclosure is for purposes 
related to the student's enrollment or transfer; and 

4. A person or company with whom the university has contracted 
(e.g. internship and clinical facilities, attorney, auditor, or 
collection agent) but limited to only the specific student 
information needed to fulfill the contract. The contracting entity is 
bound to follow FERPA regulations for control, maintenance, use 
and re-disclosure of the information provided to it. 

D. "Legitimate educational interest" means a school official who is 
performing an authorized task or an activity that he or she is undertaking 
in the name of the university for which access to an educational record is 
necessary or appropriate to fulfill his or her professional responsibilities 
for the university. 

E. "Student" means an individual who is or has been in attendance at 
UNCW for degree seeking courses, non-credit courses, life-long learning 



40 



courses, and/or certificate courses. It does not include persons who have 
been admitted but did not attend the university. For the purposes of this 
policy, "attendance" starts with orientation or course registration and 
includes in person or by paper correspondence, videoconference, satellite, 
Internet, or other electronic information and telecommunications 
technologies for students who are not physically present in the classroom 
and the period during which an individual is working under a UNCW 
work-study program. 
F. In addition, the university may disclose personally identifiable 
information from a student's educational records without a student's 
consent to either individuals or entities permitted such access under 
applicable federal law and regulations, as more fully specified in 34 CFR 
§99.31. Such exceptions include, but are not limited to, the following 
situations: to parents of dependent students; to accreditation organizations 
or agencies; to comply with a lawfully issued subpoena or court order; to 
protect the health and safety of the student or others in an emergency; in 
litigation or for implied waivers by the student. For certain disclosures, 
university officials must record when, what records, and to whom they 
have disclosed personally identified information to third parties. In the 
case of emergencies, school officials must also record the articulable or 
significant threat that formed the basis for the disclosure. 

III-4 ALCOHOL AND DRUG VIOLATIONS AND VIOLENT 
CRIMES 

A. Unless there are extenuating circumstances, the university will not 
generally notify parents or legal guardians of students under the age of 21 
of the first time alcohol violation. Parents and guardians will be notified 
if the student is determined by the university to be a danger to 
himself/herself, others or to property. 

B. The university may notify parents and legal guardians of all second and 
subsequent alcohol violations. For purposes of determining what 
constitutes a second or subsequent violation, multiple related violations 
during a single incident will be treated as one offense. 

C. The university may notify parents or legal guardians of students under the 
age of 21 of any drug violations. 

D. The university may disclose the final results of campus disciplinary 
proceedings in which a student is charged with a violent crime or 
nonforcible sex offense. Disclosure to victims of the crime or offense 
may be made regardless of whether the student was found responsible. 
Disclosure to third parties may be made only if the student is found 
responsible. Disclosure is limited to the name of the violator, the type of 
violation found to have occurred, and the sanction imposed by the 
university. 



41 



III-5 INSPECTION AND REVIEW OF RECORDS 

A. FERPA provides students with the right to inspect and review (within 45 
days of request) information contained in their education records (as 
defined above), challenge the contents of their education records and to 
have a hearing if the outcome of the challenge is unsatisfactory (see 
below), and to submit explanatory statements for inclusion in their files if 
they feel the decisions of the hearing panels to be unacceptable. 

B. The registrar has been designated by the university to coordinate the 
inspection and review procedures for student education records. Such 
records are maintained at several locations on the campus. The locations 
are shown in Appendix A to this policy, together with the title of the 
official custodian to be contacted for access to the records. A written 
request may be required. Students wishing to review their education 
records must make written requests to the administrator shown there. If 
the student is uncertain as to the location of a particular record, a written 
request should be addressed to the registrar listing the item or items of 
interest. 

C. Students may have copies made of their records unless a financial "hold" 
has been placed on the record by an appropriate university official. Such 
copies will be made at no cost to the student unless the costs exceed 
$50.00. 

D. Students may not inspect and review the following, as specified in 
FERPA: financial information submitted by their parents; confidential 
letters and recommendations associated with admissions, employment or 
job placement, or honors to which they have waived their rights of 
inspection and review; or education records containing information about 
more than one student, in which case the institution will permit access 
only to that part of the record which pertains to the inquiring student. The 
university is not required to permit students to inspect and review 
confidential letters and recommendations placed in their files prior to 
January 1, 1975, providing those letters were collected under established 
policies of confidentiality and were used only for the purposes for which 
they were collected. 

III-6 AMENDMENT OF STUDENT RECORD 

A. If a student believes that the information contained in his/her education 
records is inaccurate or misleading, or that it violates privacy or other 
rights, the student may request that the university amend the record. Such 
request shall be in writing addressed to the registrar, and shall specify the 
amendment sought. 

B. The registrar or his/her designee shall, within 30 days after receiving the 
student's request, and after consulting with appropriate university 
officials, decide whether the record will be amended in accordance with 
the request and inform the student. If the decision is to refuse to amend 
the record in accordance with the request, the registrar shall 

42 



simultaneously advise the student that he/she may request a hearing to 
challenge the content of the education record to ensure that the 
information therein is not inaccurate, misleading or otherwise in violation 
of the privacy or the rights of the student. 

C. If the registrar receives a request for a hearing, he/she shall request that 
the chancellor appoint a panel of three university faculty or staff members 
to conduct the hearing. Persons appointed shall be individuals who have 
no direct interest in the outcome of the hearing. The chancellor shall 
designate the chair of the panel and shall provide the panel such 
assistance as deemed appropriate. 

D. The chair of the hearing panel established as in Section III-4-C above 
shall notify the student and the registrar of the date, time and place of the 
hearing at least five days before the hearing. 

E. The student shall be afforded a full and fair opportunity to present 
evidence relevant to the issue whether the information in the student's 
education record is inaccurate, misleading, or otherwise in violation of 
the student's privacy or other rights. The student may be assisted by 
individuals of his/her choice at his/her own expense, including an advisor. 

F. The registrar or persons appearing in his/her behalf shall be afforded a 
like opportunity. 

G. The panel shall make its decision solely on the basis of the evidence 
presented at the hearing. The decision of the panel shall be in writing and 
shall include a summary of the evidence and the reasons for the decision. 

H. If the opinion of the panel is that the information in the student's record is 
inaccurate, misleading or otherwise in violation of the privacy or other 
rights of the student, the committee shall forward to the chancellor its 
written recommendation. The chancellor will forward to the student a 
decision in ten class days. 

I. If the panel decides that the information is not inaccurate, misleading, or 
otherwise in violation of the privacy or other rights of the student, it shall 
inform the student of the right to place in the education record a statement 
commenting on the records and setting forth the reasons for disagreeing 
with the agency or institution. Such statement shall thereafter be 
maintained as part of the education record and thereafter disclosed to any 
party to whom the contested record is disclosed. 

J. If the student believes that the procedures determining the challenge were 
unfair or not in keeping with FERPA requirements, he/she may direct a 
written appeal to the chancellor. 

K. Students who believe that the adjudications of their challenges were 
unfair, or not in keeping with FERPA may request in writing, assistance 
from the chancellor. Further, students who believe that their rights have 
been abridged, may file complaints with the Family Policy Compliance 
Office, U.S. Department of Education, 400 Maryland Avenue, SW, 
Washington, D.C. 20202, concerning the alleged failures of the university 
to comply with the law. For further information, students may consult the 



43 



registrar, who has available copies of the statute and the Department of 
Education's regulations. 

III-7 LOCATION OF STUDENT RECORDS 

A. ACADEMIC RECORDS 

1. Registrar's Office, University Registrar, Hinton James Hall 

2. Offices of each academic department, Department Chair 

3. Offices of each college or school, Dean 

4. Continuing Studies, New Centre Office 

B. DISCIPLINARY RECORDS 

Office of the Dean of Students, Fisher University Union 2017 

C. EMPLOYMENT RECORDS 

1 . Office of Scholarships & Financial Aid, Director, Warwick Center 

2. Career Center, Director, Fisher University Union 2035 

D. COUNSELING RECORDS 
Counseling Center, Director, DePaolo Hall 

E. MEDICAL RECORDS 

Abrons Student Health Center, Director, DePaolo Hall 

F. FINANCIAL AID RECORDS 

Office of Scholarships & Financial Aid, Director, Warwick Center 

G. UNIVERSITY POLICE RECORDS 
University Police Department, Chief, Lionfish Drive 

H. CAREER SERVICES RECORDS 

Career Center, Director, Fisher University Union 2035 

I. RECORDS RELATING TO INTERNATIONAL STUDENT 
PROGRAM 

Office of International Programs, Director, DePaolo Hall 
J. RECORDS RELATING TO STUDENT ATHLETES 

Athletic Department, Athletics Director, Nixon Annex 
K. ADMISSIONS RECORDS 

1. Office of Admissions, Director, Hinton James Hall 

2. Graduate Admissions, Graduate School, Hinton James Hall 
L. STUDENT ACCOUNTS RECORDS 

Student Accounts and Cashier, Warwick Center 
M. RESIDENCE HALL RECORDS 

Housing and Residence Life, Director, HRL Main Office 



44 



SECTION IV 

UNIVERSITY OWNED RESIDENCES 



IV-1 INTRODUCTION 

The Office of Housing and Residence Life at the University of North Carolina 
Wilmington offers students safe, affordable, and well -maintained residential 
facilities, complemented by exceptional customer service from highly trained 
staff. The department fosters inclusive communities for holistic student learning 
by promoting personal responsibility, offering intentional programming, and 
providing leadership development opportunities. We value efficient use of 
resources, technological innovation, sustainable practices, and continuous 
improvement to better serve our residential community. The Director of 
Housing and Residence Life invites all students to stop by to ask questions and 
offer suggestions about living on campus. The Office of Housing and Residence 
Life is located in a building directly behind Schwartz Hall. Please refer to the 
Guide for On-Campus Living for more detailed information on facilities. 
Students living on campus are responsible for the information in the Guide for 
On-Campus Living. The Guide for On-Campus Living is available online by 
visiting the Housing website (http://www.uncw.edu/housing). Returning 
students receive the license contract booklet when they reclaim their living 
space. 

IV-2 RESIDENCE LIFE STAFF 

A. Members of the staff of Housing and Residence Life include: the 
Director of Housing and Residence Life; two Associate Directors, Residence 
Life and Housing Operations; and four Assistant Directors, Residence Life, 
Business Operations, Facilities Operations, and Technology/Communications. 
There are also eight professional live-in Residence Coordinators. The office of 
Housing and Residence Life is a representative member of the Division of 
Student Affairs. 

B. Residence Coordinators, assisted by Assistant Residence Coordinators 
and a group of resident assistants, supervise the residential areas. 

IV-3 RESIDENCE LIFE POLICIES 

The primary responsibility of the Housing and Residence Life program is to 
maintain an atmosphere conducive to the pursuit of academic and personal goals 
and personal growth. Within this context, it is important to recognize the effect 
of the residence life setting which creates a special need for awareness of how 
one's individual actions can influence the environment of the floor and thus 
directly affect the residential community. In light of these conditions, the 
following policies have been established: 



45 



A. ALCOHOLIC BEVERAGES 

Although consumption of alcoholic beverages is not encouraged by the 
university, students are permitted to possess and consume alcoholic beverages in 
their rooms provided that they comply with state laws pertaining to alcoholic 
beverages. In addition to the UNCW policies regarding the possession and 
consumption of alcoholic beverages (University Policy 05.303) and marketing 
of alcoholic beverages (University Policy 05.304) the following rules pertain to 
residence halls: 

1. Students are not permitted to possess kegs, or any other common source 
containers of alcohol including beer bongs in a residential area. Students are not 
allowed to play drinking games, which are defined as activities which encourage 
or result in high risk alcohol consumption. Students are not allowed to construct 
or own a table used for the purpose of beer pong. 

2. Residents who are under 21 years of age are not allowed to host people with 
alcohol regardless of the guest's age. Non-UNCW students and UNCW students 
living off -campus are not allowed to bring alcohol into residential facilities. 

3. Residents and their guests may be asked to open all backpacks, bags, coolers 
and other containers when entering a residence hall. This procedure is a safety 
and security measure which prevents most unwanted or unauthorized materials 
from being brought into the halls. Cooperation with staff requests at the front 
desk is expected and appreciated. Residents and their guests may be denied 
entrance if they choose not to cooperate with this request. 

4. Alcoholic beverages may not be consumed in public areas including hallways, 
lounges, apartment balconies/porches, or outside the buildings. No drinking is 
allowed in the common rooms of suites or apartments if anyone under the age of 
21 is present. 

B. DRUGS 

The illegal use, possession, sale, delivery and/or manufacture of drugs will not 
be tolerated and may be grounds for immediate suspension or dismissal of 
students, faculty members, administrators and other university employees. 
Possession of drug related paraphernalia is also not permitted (State Law I). 

C. VISITATION 

The visitation program in the UNCW student residences creates a structure for 
residents to bring guests into their rooms. In full support of the educational 
mission of the university, students living on-campus are expected to view 
academic responsibilities as their primary goal. Studying, therefore, takes 
precedence over socializing in the student residences on weekday nights. On 
weekends, there is a greater amount of leisure time and social activities that are 
usually more prominent. The guidelines for visitation are grounded in this 
academic schedule and are designed to balance a student's responsibilities with 
individual and group needs. 



46 



All students have the opportunity to accept or reject participation in the 
visitation program at a building-wide vote that takes place during the first two 
weeks of classes in the fall. If sufficient interest in a non-visitation area exists, 
specific arrangements will be made to accommodate that request. In the event 
that there are not enough requests to satisfy various options, no person will be 
forced to participate in a more liberal visitation policy than he or she wants. The 
changes to visitation will go into effect as prescribed and advertised by Housing 
and Residence Life but most often within five days of voting completion. 

1. The visitation program is to function within the parameters and 
according to the procedures which follow. The existing programs have been 
developed through deliberate study by staff and student groups during the recent 
past. Certain underlying assumptions are reflected in the visitation program at 
UNCW: 

a. There is a legitimate need for, and benefit from, providing greater 
opportunity for contact between students. 

b. The nature of the physical facilities, particularly in the traditional 
residence halls, places certain limitations on the visitation program. 

c. The hours of the program accommodate, as best they can, the divergent 
lifestyles of students and variety of housing styles available on campus. 

d. The purpose of a student's room is primarily for study and sleep, which 
take precedence over social privileges. 

e. Respect for the wishes and well-being of one's roommate(s) is more 
important than someone's desire to have guests. 

f. Cohabitation is not permitted in any university housing facility. 

2. PARTICIPATION: All students have the opportunity to learn more 
about the visitation program at a building-wide vote that takes place during the 
first two weeks of classes in the fall. If sufficient interest in a non-visitation area 
exists, specific arrangements will be made to accommodate that request. In the 
event that there are not enough requests to satisfy various options, no person will 
be forced to participate in a more liberal visitation policy than he or she wants. 

3. REGISTRATION OF GUESTS: It is the responsibility of each resident 
to attend to the registration of a guest. Furthermore, it is the responsibility of 
each resident to escort the guest at all times while the guest remains in the 
building. Guests must provide and surrender a picture ID to the desk 
receptionists when checking in. This identification will be returned when the 
guest leaves the building. False identification will be turned over to University 
Police for appropriate action. Hosts are responsible for guests' behavior, for any 
damages incurred, and for the adherence to all university policies and 
procedures. 

4. LOSS OF PRIVILEGES: Like most opportunities at the university, 
visitation is not a right, but rather a privilege that may be suspended at any time 
for violations of policies stated in the Guide for On-Campus Living. Visitation 



47 



privileges may be suspended administratively by the Office of Housing and 
Residence Life or by a judicial hearing officer as a result of disciplinary action. 

5. DAYS AND HOURS: There is a distinction in the guest policy at 
UNCW that separates residences into two groups, each having its own visitation 
hours and group process to decide these hours. 

At the beginning of the fall semester, all residential facilities (except the 
University Apartments, the University Suites, Seahawk Village, Seahawk 
Landing, Seahawk Crossing and International House) begin with visitation hours 
that are set at 1 1:00 a.m. to 1 1:00 p.m. on Sunday through Thursday and 1 1:00 
a.m. to 2:00 a.m. on Friday and Saturday. Within the first two weeks of the fall 
semester, residence hall students will vote on the visitation option that they 
prefer for the full academic year. They will have two options to select from. The 
first option would allow for visitation hours from 11:00 a.m. to 11:00 p.m. on 
Sunday through Thursday and 1 1:00 a.m. to 2:00 a.m. on Friday and Saturday. 
Additionally, students can vote to extend these hours to a maximum of 10:00 
a.m. to midnight on Sunday through Thursday and 10:00 a.m. to 3:00 a.m. on 
Friday and Saturday. The second option would have the same stipulations for 
the weekdays, Sunday through Thursday nights (including extending the hours). 
On Friday and Saturday nights, option II would allow for open visitation. 
Students are expected to recognize roommate rights and follow the state's co- 
habitation law. Each option has percentage requirements (based upon total 
residence hall occupancy) that must be met. 

Each building may also choose to accept extended in-hall visitation privileges 
during the vote, which takes place in the fall semester. Extended in-hall 
visitation allows residents of a building free access to visit other residents within 
the residence hall. This is in addition to the normal visitation hours, which apply 
to outside guests. These hours may be extended to include up to 24 hours per 
day, seven days per week. 

6. OVERNIGHT GUESTS: An individual of the same sex may host a 
non-resident overnight guest in the residence hall for a maximum of three nights 
in any given two-week period. A person may not be an overnight guest of more 
than one resident per two-week period. Guests are identified and registered 
through the front desk of each residence hall. Overnight guests of either gender 
are permissible under the general guidelines stated previously in all areas that 
are not traditional first year residential areas. However, cohabitation is not 
permitted at any time. Violations may result in loss of these visitation privileges. 

7. MINOR GUESTS: While visiting, minors must always be under the 
supervision of the hosting parties. Hosting parties will be held responsible for 
the actions of their guests. Any visiting minor (under 18 years of age) must be 
accompanied at all times by the resident they are visiting, must present a photo 



48 



ID. or written parental permission for the visit, and is subject to the same 
visitation hours as any other guest. No minor (under 18 years of age) who is not 
a UNCW student or accompanied by an adult family member may visit 
overnight in the residence halls unless he/she is staying with a sibling who is a 
resident of the building, or if the underage guest can present written parental 
consent for the visit, including a valid phone number where the parent or 
guardian can be reached for verification, to the front desk staff upon sign-in. The 
minor children or dependents of residents are not permitted to permanently live 
in a resident's room. 



D. PETS 

Because of public health regulations, pets are NOT permitted in any on-campus 
housing under any circumstances including brief visits or temporary stays. Pets 
found in housing will be immediately removed and turned over to the 
Wilmington Animal Control Center or the Humane Society. This applies to, but 
is not limited to: dogs, cats, birds, hamsters, snakes, mice and other rodents. Fish 
in aquariums are permitted as long as the tank does not exceed 20 gallons and is 
kept in sanitary condition. A Health and Safety fine of at least $25.00 is assessed 
to each student who possesses a pet in the student residences. Residents will be 
assessed for the cost of extermination in any rooms requiring pesticide for fleas 
caused by pets. 



E. NOISE 

Residents are expected to use discretion where noise is concerned both in and 
around the student residences. Therefore, excessive noise is prohibited at all 
times. Courtesy hours are always in effect, and students are asked to be 
considerate of others' rights to study and sleep. During these hours, the 
environment is to be one that is conducive to studying. Loud stereos, gatherings 
in hallways, and other disturbances will not be allowed. If stereos are played out 
of windows or are a problem in any area around the residence halls and 
apartments, owners risk the removal of the stereo from the residence hall, suite 
or apartment. 

Due to the nature of musical instruments, drums and amplified sound equipment 
are not allowed in any on-campus housing. 

Quiet hours are 8:00 p.m. to 10:00 a.m., Sunday through Thursday. On both 
Friday and Saturday nights, quiet hours begin at 12:00 a.m. and go until 10:00 
a.m. the following morning. Noise, including talking, music and other 
miscellaneous sounds, must be kept at a minimum level so that they cannot be 
heard in others' rooms. 



If a resident has a problem with noise, the first step is for her/him to talk to the 
resident(s) about the situation. If the noise continues after a resident has first 
confronted the situation, the floor RA should be contacted. If the floor RA is not 



49 



available, contact the duty RA. During final examinations each semester, 24- 
hour quiet hours will be enforced. Look for posted signs that provide details 
about quiet hours during final exams. 

F. SOLICITATION 

Residence halls, apartments and/or suites cannot be used to raise money for any 
individual or organization other than an official registered campus organization 
(faculty, staff or student). Anyone not connected with the residence halls, 
apartments or suites that does not have the proper identification and 
authorization, may be cited for trespassing. In order to maintain the privacy of 
resident students, no door-to-door solicitation is allowed. Authorization for 
solicitation (in lobby areas) must come from the Campus Activities & 
Involvement Center and the Director of Housing and Residence Life. Banners, 
signs or posters may not be affixed to the outside of any building without written 
permission from the Director of Housing and Residence Life or designee. 

G. BEHAVIOR 

Disciplinary proceedings as outlined in Section II -2 will be initiated against a 
student who violates the Code of Student Life, Section II-l-B, policies in the 
Guide for On-Campus Living and/or other applicable rules such as: 

1. Violation of visitation as outlined in the Code or posted in the residence halls, 
apartments and suites. 

2. Tampering with, destroying, defacing or removing public property within the 
residence life area, including furniture, doors, screens, walls, elevators, vending 
machines, ceiling tiles, games, etc. 

3. Destroying or tampering with fire alarm systems and/or firefighting or 
emergency equipment. 

4. Loaning or using unauthorized entrance door keys or room keys. 

5. Throwing objects from the windows of residence halls/apartments/suites. 

6. Undermining the security of hall residents and property (e.g., intentionally 
leaving doors propped open, climbing through open windows). 

7. Cooking in residence hall rooms. 

8. Walking or laying on building or apartment roofs. 

9. Obstructing hallways and/or entrances (e.g., bicycles parked in these areas). 

10. Driving motorized vehicles on the sidewalks and/or grass in the residence 
life areas. 

1 1 . Providing false or misleading information to housing staff. 

H. INDIVIDUAL PRIVACY IN RELATION TO STUDENT 
ROOMS 

Privacy of the individual is of the utmost concern to the Office of Housing and 
Residence Life and the university; however, entry of student residence hall 
rooms and apartments at times is necessary. 



50 



1. ROOM ENTRY 

University officials may enter a room under the following conditions: 

a. When there is sufficient reason to believe that an emergency situation 
exists that poses immediate danger to the occupants and/or to the facility. 

b. For routine maintenance, cleaning and health/safety inspections. 

c. To deal with disturbances which are in violation of university regulations 
and/or violating the rights of other students within the residence hall, apartment 
complex or suite complex. 

d. When a student who is a resident gives voluntary consent. The student's 
consent may be freely given and must not be based on coercion or threats by the 
university, and must not be occasioned by a student's fear of reprisal for failure 
to give consent. 

(1) . The intrusion by the employee must be limited to the consent 

given by the student; for example, if the student consents to 
entry by the employee, the employee is not entitled to search 
the student's belongings without obtaining further consent to 
do so. 

(2) . Any student who is a resident of the room, suite, or apartment 

may consent to entry of the university employee and to a 
search of that student's personal belongings. However, no 
student may consent to the search of another student's 
bedroom, closets, locker, suitcases or other areas under the 
primary control of another student. 

e. Materials found during entry as described in this section may be used in 
any university disciplinary proceeding if said material is found in plain sight or 
during the course of performing the objectives described in a, b, c and d. 
Materials found beyond the scope of such entry shall constitute a search as 
defined below and may not be admitted if found in violation of that section. Any 
unauthorized materials found during an entry may be impounded. 

2. ROOM SEARCH 

Searches of student-occupied premises or a student's personal possessions shall 
be only as authorized by law. A student's room is considered private; a search of 
residence hall rooms will be guided by the following principles: 

a. University officials and/or University Police may search a room only 
upon obtaining a legal warrant or consent of the occupants. 

b. Searches of university residence hall rooms by external law 
enforcement officials will be regarded as a matter between the student and law 
enforcement officials involved. The university's interest will be limited to 
requesting that it be notified of impending searches. 

I. ROOM CONDITION 

Damages to student rooms are the responsibility of the occupant(s). Damage 
charges will be shared equally by all roommates unless residents provide written 
notice to the Residence Coordinator of a particular student who may responsible 
for the damage. In order to prevent misinterpretation, it is suggested that 



51 



students inspect their rooms thoroughly when completing the Room Condition 
Report (RCR) upon taking occupancy of a room. This task should be taken 
seriously and completed in detail. 

J. FIREARMS 

The Office of Housing and Residence Life enforces the state law (N.C.G.S. 144- 
269.2) on firearms and/or other weapons on university property. See Section II- 
B, Student Conduct and Appeals, for offenses, and State Law II for the complete 
statute on weapons and firearms. 



52 



SECTION V 

STUDENT ORGANIZATIONS 



V-l INTRODUCTION 

Students bring to the university a variety of previously acquired interests and 
develop many new interests as members of the academic community. Students 
at UNCW are free to organize and join associations to explore their common 
interests. Student organizations wishing to be registered with UNCW must form 
and operate in compliance with university policies. It is through its more than 
200 student organizations that the university is able to promote a sense of 
community and offer students the opportunity to pursue the practice of 
involvement, leadership and service. 

Although critical to the fabric of campus life, student organizations are 
independent organizations and are not considered to be an extension of the 
university. Unless the university has specifically requested that a student 
organization host an event (and by doing so has deemed the organization an 
agent of the university), the student organization will not be covered by the 
university's insurance. 

A student organization is defined as a group of three (3) or more currently 
enrolled University of North Carolina Wilmington students who unite around a 
common interest. Student organizations may have other non-student members as 
part of the student organization but these non-student members may not be 
considered voting members. Unless more specific membership requirements are 
provided by the appropriate advisory council (appropriate advisory councils are 
Student Organizations Committee, Sport Club Council, Graduate Student 
Association, Panhellenic Council, National Pan-Hellenic Council, and the 
Interfraternity Council), this section outlines university policies pertaining to the 
formation and operation of student organizations, including actions that may be 
taken by the university, for noncompliance with these policies. In addition to the 
policies established in this section, organizations must also adhere to all policies 
set forth by their respective governing bodies. 

V-2 STUDENT ORGANIZATIONS COMMITTEE 

A. Student Organizations Committee (SOC), a standing advisory 
committee of the Chancellor, has the responsibility of reviewing all student 
organizations for registration and recommending policy and processes to the 
Chancellor. The committee has 15 members: five students appointed by Student 
Government Association for one year, renewable terms, and five faculty 
appointed by the Chancellor for three-year terms. The Dean of Students, the 
Executive Director of Campus Life, the Director of Campus Activities & 
Involvement, the Assistant Director of Campus Activities & Involvement, and 



53 



the Coordinator of Multicultural Student Organizations and Campus Activities 
Programming are all ex-officio members and serve as advisors without a vote. 

A chairperson will be elected each year by majority vote and will begin his/her 
term with the first meeting of the fall semester. The position of the chairperson 
is only open to voting members of the committee. The Assistant Director for 
Campus Activities & Involvement will fulfill the role of the convener and will 
work with the chairperson to prepare for all meetings. The chairperson shall 
attend and preside over all meetings. S/He shall also sign all official documents 
oftheSOC. 

The convener shall call meetings and arrange to notify members of the 
committee with a minimum of four days advance notice. S/He shall also 
maintain all minutes and official documents and keep accurate files in the 
Campus Activities & Involvement Center. 

The chairperson may be removed from office by a two-thirds majority vote of 
the SOC for non-fulfillment of duties. In the event that the chairperson leaves or 
is removed before completing the term of service, a replacement will be elected 
by the voting members to serve to the end of the term. 

B. Responsibilities of the committee include: 

1 . Reviewing, approving and revoking registration of student 
organizations. 

2. Formulating, reviewing and approving policies governing student 
organizations for submission to the Chancellor for final approval. 

3. Considering appeals that pertain to registration procedures. 

4. The SOC has continuing authority to review the purpose and activities 
of any student organization and to classify organizations in categories according 
to risk associated with their activity. The SOC has continuing authority to 
require participants of any student organization and the organization itself 1) to 
maintain appropriate insurance coverage and to submit proof of coverage, and/or 
2) to submit valid waiver(s) of liability or assumption of risk statement(s) that 
protect(s) the university to the greatest extent possible from the risk of liability 
because of the activities of the organization. 

V-3 APPLYING FOR REGISTRATION AS STUDENT 
ORGANIZATION 

A. Students planning to develop a student organization must register their 
intent and provide written justification for the organization's establishment with 
the Campus Activities & Involvement Center (CAIC) and must have at least 
three (3) University of North Carolina Wilmington currently enrolled students 
interested in starting the organization. Groups which have filed this "Intent to 
Register" shall be granted provisional status and the use of university facilities 
for organizational or recruitment meetings. Organizations under this status are 

54 



not eligible to reserve university space for events, fundraise on campus or 
establish an on-campus account. If a proposed constitution is not submitted to 
CAIC within one month of filing the "Intent to Register," permission for use of 
university facilities and services may be terminated (see Section VII), and 
pending reservations may be cancelled. 

B. To apply officially to SOC for registration, a group must submit a copy 
of its constitution to the CAIC. The CAIC staff will then work with the group on 
its constitution to prepare it for SOC review. The group must submit a final 
draft one week prior to the scheduled SOC meeting at which the constitution 
will be reviewed. 

C. One of the following decisions will be made after a constitution is 
submitted to the SOC: 

1 . The constitution will be accepted without revision. 

2. The constitution will be accepted pending minor revision. 

3. The constitution will be deferred until revisions are made and there is a 
second review done by the committee. 

4. The constitution will be rejected because it needs major revision. 

5. The constitution will be rejected because it does not comply with 
university policy. 

D. Once an organization has been approved, the CAIC staff will provide a 
current copy of registration guidelines for the student organizations. Student 
organizations must then continue to re-register annually each fall. 

V-4 RIGHTS/PRIVILEGES OF REGISTERED STUDENT 
ORGANIZATIONS 

A. A registered student organization is entitled to: 

1 . Be listed as a registered student organization. Only student 
organizations registered by SOC and in good standing with the university 
(meaning not on disciplinary probation) may use the name of the university or 
an abbreviation of it as a part of their name. 

2. Sponsor or present a public event on university property. Organizations 
undertaking this activity should consult with the CAIC staff for procedures and 
approval. 

3. Raise funds or make other permissible solicitations on university 
property in accordance with university policy (see Section VI-3). 

4. Reserve the use of university facilities and services (see Section VI and 
VII-3). 

5. Be eligible for possible funding by the UNCW Student Government 
Association according to Student Government Association guidelines. 

6. Be listed on the "Student Organizations" web page for UNCW. 

7. Appoint or elect an advisor of the organization's choice; although 
strongly recommended, an advisor is not required. 

8. Utilize the resources and services provided in the Involvement Center. 



55 



9. Have access to technological resources provided by ITSD such as a 

web page, UNCW e-mail account and file sharing/storage space on the student 
server. 

B. Policies and actions of a student organization will be determined by 
those persons who hold a bona fide membership in the organization. 

V-5 RESPONSIBILITIES OF REGISTERED 
ORGANIZATIONS 

A registered organization must: 



A. Adhere to all university policies and procedures governing student 
organizations including: 

1 . Adhere to student standards of conduct (II-2) 

2. Reserving space (VI-1) 

3. Posting publicity such as posters and banners (VI-3) 

4. Political and religious activity (VI-4) 

5. Solicitation both on and off campus (VI-5) 

6. Responsible use of electronic resources (Policy 07.100) 

7. Event registration 

8. Dances 

9. Travel guidelines 

B. Have three (3) or more currently enrolled University of North Carolina 



Wilmington students. Student organizations may have non-student members as 
part of the student organization but these non-student members are not 
considered voting members nor may they serve in an official capacity on behalf 
of the organization. 

C. Update organization information, including officer contact information, 
with the CAIC through SeaOrg, CAIC's online student organization information 
database, by the date set annually (date is published in CAIC registration 
materials and posted on-line at www.uncw.edu/studentorgs) . In addition, student 
organizations must register a complete list of officers and other members of the 
organization who are authorized to speak for or represent the organization and 
who are designated to (including, but not limited to) sign paperwork, reserve 
space, file and manage appropriations and receive for the organization official 
notices, directives or other information from the university. Advisors (non- 
students) may not be designated to act on behalf of the student organizations in 
the above stated areas. Authorized individuals shall be kept current and accurate 
throughout the year by the organization. 

D. Maintain a current electronic file through SeaOrg of its SOC approved 
constitution which includes the stated mission of the organization. The stated 
mission must have a direct correlation to the purpose of the organization. In the 
event that the organization revises its constitution, the revised document must be 
submitted. This document should include a dateline to reflect when organization 
approval was obtained and should be supported by documentation of the 
changes that were made (i.e. meeting minutes, signatures of approval, etc.). 



56 



E. Send at least two delegates from its membership to the annual Student 
Organization Leadership Conference to receive leadership training for the 
academic year. 

F. Send at least one representative to a Re-Registration Seminar to receive 
policy and resource information related to student organizations as well as 
training on how to effectively coordinate events on behalf of an organization. 

G. If funded by SGA, use a UNCW account for deposit and use of funds. 
In addition, if funded through a SGA operational budget, send at least one 
student representative to the fall Policies and Procedures Workshop and one 
Budget Review Workshop each semester. 

H. Advertise or promote events or activities in a manner that does not 
suggest falsely that the event or activity is sponsored by the university. 

I. Plan and conduct activities furthering the purpose of the group as stated 
in its constitution. 

J. Adhere to all national policies if nationally affiliated. 

K. State that sponsorship of guest speakers does not necessarily imply 

approval or endorsement of the views expressed by UNCW. 

L. Social fraternities and sororities must be advised by the Office of the 

Dean of Students/Fraternity and Sorority Life and must adhere to the policies 

outlined by said office. 

M. If advised by the Coordinator of Fraternity and Sorority Life, must 
register all social events with the Coordinator of Fraternity and Sorority Life by 
Thursday at 8:00 a.m., if the event is scheduled for a weekend, or forty-eight 
(48) hours prior to the event if the event is not scheduled for a weekend. 
N. If affiliated with the Sport Club Council, submit an Event Request form 
seven (7) business days prior to the event date and a Travel Request fourteen 
(14) business days prior to the date of travel to the Coordinator of Competitive 
Sports- Sport Clubs. 

O. Open membership to members of the university community without 
regard to race, color, age, religion, national origin, disability, or sexual 
orientation. Membership and participation in a student organization must also be 
open without regard to gender, unless exempt under Title IX (see Federal Law 
I). 

P. Provide proof of general liability insurance to hold certain activities 

using university facilities, as student organizations are not covered by the 
university's liability insurance. 

V-6 ANNUAL REVIEW OF ORGANIZATIONS 

A. Annually, in the fall semester, the Campus Activities & Involvement 
Center (CAIC) shall review the status of all organizations to determine whether 
they meet eligibility requirements specified previously and are conducting their 
affairs in accordance with SOC guidelines and policies outlined in the Code of 
Student Life. Specific deadlines for registration materials will be set by CAIC 
each fall semester (deadline date is published in CAIC registration materials and 
posed on-line at www.uncw.edu/studentorgs) . 



57 



B. If CAIC determines that an organization has not completed the re- 
registration process; is ineligible for renewal of registration; is inactive, or 
conducts its affairs in violation of university policies and procedures; the 
organization shall be notified in writing of each deficiency. If the organization 
fails or refuses to attempt to remedy each deficiency, CAIC may place the 
organization in provisional status, thus limiting its privileges until all 
requirements are fulfilled, or deem the organization as inactive. Organizations 
may submit a written appeal of CAIC's classification to the SOC within ten (10) 
business days of being notified. 

C. A student organization which is inactive for more than four consecutive 
semesters may reapply for registered status by submitting an "Intent to Register" 
as though it were a new student organization. 

D. If, upon review, the SOC discovers that a student organization has 
revised its constitution so that it no longer complies with university policy, the 
organization will be notified in writing. If the constitution is not revised within 
ten (10) business days, the organization's registration status and all its privileges 
will be revoked. Should the student organization choose to revise its constitution 
after the ten (10) days, it must submit an "Intent to Register" as though it were a 
new student organization. 

V-7 GOVERNING BODIES 

The SOC has established thirteen categories of student organizations. These 
categories are Academic, Professional, Cultural, Graduate Student Associations, 
Fraternities and Sororities, Honorary, Media, Political/ Activist, Religious, 
Performance/Visual Arts, Service, Special Interest and Sports and Recreation. In 
addition, there are eight established governing bodies: Student Government 
Association, Interfraternity Council, Panhellenic Council, National Pan-Hellenic 
Council, Residence Hall Association, Student Media Board, Graduate Student 
Association and the Sport Club Council. Governing bodies serve to represent, 
connect and provide services for other student organizations with similar 
missions and/or student populations that fall under their jurisdiction. 

The Campus Conduct Board plus two (2) designees from the appropriate 
advisory council (appropriate advisory councils are SOC, Sport Club Council, 
Graduate Student Association, Interfraternity, Panhellenic Council and National 
Pan-Hellenic Council) would serve as the original hearing body for any conduct 
issues. All student organizations still maintain the right to an administrative 
hearing conducted by the Office of the Dean of Students. 

V-8 CONDUCT REVIEW 

A. A conduct review of any organization may be initiated by the Dean of 
Students/designee at the request of any registered student organization, staff 
member, faculty member or student. Grounds for conduct review include, but 
are not limited to, alleged violation of rules by the organization as listed in 



58 



Section II-l-B. Prior to disciplinary action or sanction, the Dean of 
Students/designee shall investigate the alleged violation. After completing a 
preliminary investigation, the Dean of Students/designee may: 

1. Find no basis for complaint and dismiss the allegation as unfounded; or 

2. Summon the officers of the organization for a conference and, 

3. Either dismiss or proceed administratively by informing the 
organization of the following options for resolution of the disciplinary charges: 

a. Plead not responsible to the charges and have a regular hearing before 
the established Campus Conduct Board plus two (2) designees from the 
appropriate advisory council. If a student organization is held responsible by 
Campus Conduct Board plus two (2) designees from the appropriate advisory 
council, an appropriate sanction will be determined. 

b. Plead not responsible to the charge(s) and request an administrative 
hearing before the Dean of Students/designee where determination of violation 
will be made. If a student organization is held responsible by the administrative 
hearing officer, an appropriate sanction will be determined. 

c. Please responsible to the charge(s) and elect for an administrative 
hearing before the Dean of Students/designee to determine an appropriate 
sanction. The Dean of Students/designee reserves the right not to hear the case. 

4. A student organization choosing a regular hearing before Campus 
Conduct Board plus two (2) designees from the appropriate advisory council has 
a right of appeal to the Vice Chancellor for Student Affairs. A student 
organization choosing a regular hearing before the Dean of Students/designee 
has the right of appeal of the dean's decision to the Campus Conduct Board plus 
two (2) designees from the appropriate advisory council. 

B. The Dean of Students/designee and the Campus Conduct Board plus 
two (2) designees from the appropriate advisory council have the following 
disciplinary sanctions for dealing with groups that have been found in violation 
of university policies: 

1 . Written Reprimand: A written reprimand involves a status of warning 
through the end of the next full semester, which terminates automatically when 
the imposed period expires. 

2. Disciplinary Probation: Disciplinary probation involves a status of 
probation for up to one calendar year, which terminates automatically when the 
imposed period expires. An organization placed on disciplinary probation is 
considered not to be in good standing with the university. 

As part of disciplinary probation, an organization may have restrictions placed 
on specific privileges as determined by the hearing body or administrative 
hearing officer, not to exceed the duration of the probationary period. In the 
event of a further violation of this Code or other applicable rules while on 
disciplinary probation, the university will seek the penalty of suspension. 



59 



3. Suspension: Suspension involves withdrawal of student organization 
registration through the end of the next full semester and ordinarily carries with 
it conditions which must be met for re-registration. Suspension ordinarily is 
followed by a status of probation through the end of the following full semester, 
which terminates automatically when the imposed period expires. 

4. Indefinite Suspension: Indefinite suspension involves withdrawal of 
student organization registration, at a minimum, through the end of at least the 
next two full semesters and ordinarily carries with it conditions which must be 
met for re-registration. 

Re-registration after a suspension period requires that the organization apply to 
the Dean of Students at the close of the imposed period, and the dean will 
determine whether the organization has met the conditions imposed and is 
otherwise eligible for re-registration. A denial may be appealed to the SOC. 

C. Campus Conduct Board plus two (2) designees from the appropriate 
advisory council, as part of the disciplinary process, may impose specific 
conditions and/or require the student organization to make restitution for 
damage to or misappropriation of property. Reimbursement may take the form 
of appropriate service to repair or otherwise compensate damages. 

D. Campus Conduct Board plus two (2) designees from the appropriate 
advisory council may impose an oral reprimand, written reprimand or 
disciplinary probation, but may not impose the disciplinary penalty action of 
suspension or indefinite suspension. Campus Conduct Board plus two (2) 
designees from the appropriate advisory council may only recommend, but not 
impose, the disciplinary action of suspension. 

E. Specific cases involving UNCW student organizations that require 
immediate action shall be handled by the Vice Chancellor for Student Affairs. 
Action taken by the Vice Chancellor for Student Affairs may be appealed by the 
student organization to the Campus Conduct Board plus two (2) designees from 
the appropriate advisory council within five (5) business days. Action taken by 
Campus Conduct Board plus two (2) designees from the appropriate advisory 
council may be appealed by the student organization to the Chancellor within 
five (5) business days. 

F. An appeals outlined above to each body shall be made in writing on or 
before the fifth class day after the decision of the appellate body. The notice 
shall contain the organization's name, date of decision or action, if any, and the 
name of the organization's representative, if any. All parties involved shall 
receive notification of the appeal and subsequent actions. 

G. The Campus Conduct Board plus two (2) designees from the 
appropriate advisory council or the Dean of Students/designee, as part of the 
disciplinary process, may make public the findings of the hearing and the 
sanctions imposed. 



60 



SECTION VI 

USE OF UNIVERSITY FACILITIES 

The university permits the orderly use of facilities by student organizations to 
further the educational process. Organizations desiring to use a university 
facility must comply with certain university policies and procedures so that 
institutional property may be protected and that the facility use is consistent with 
this designated intent. "Facility" is defined as meaning a classroom, lecture hall, 
housing and food service facilities, auditorium, Campus Life facilities, other 
buildings or outdoor areas of campus. University activities shall be given 
priority in use of facilities over outside groups. 

VI-1 RESERVING SPACE 

A. Student organizations registered by the Student Organizations 
Committee (SOC) and other university related groups desiring to use space must 
obtain permission from appropriate university officials. Students desiring to 
form a new organization are permitted limited use of university space for 
organizational meeting purposes only after filing an Intent to Register form with 
the Campus Activities & Involvement Center (see Section VI-3). 

B. The Campus Life Reservation & Event Services Staff is responsible for 
facilities information and maintaining a listing of contact officials for the 
reservation of university facilities. Listed below are the contact offices for 
reservation of university facilities. 

1. Recreational facilities and fields, including the Gazebo — Department of 
Campus Recreation 

2. Classrooms, lecture halls, housing and food service facilities including 
Wagoner Hall and Madeline Suite (off-campus groups requesting use) — 
Facilities Use Manager 

3. Randall Library Auditorium — Facilities Use Manager 

4. Kenan Auditorium — Office of the Manager of Kenan Auditorium 

5. Campus Life facilities: Fisher University Union (including Hawk's Nest), 
Fisher Student 

Center, Burney Center, and Warwick Center — Reservation & Event Services 

6. University Commons — Reservation & Event Services 

7. Outdoor areas on campus — Facilities Use Manager 

8. Residence Halls — Office of Housing and Residence Life 

9. Trask Coliseum — Athletic Department 

C. An organization or individual student wishing to reserve one of the 
university facilities listed above should contact the office identified. Procedures 
for use of facilities identified above can be reviewed in each office responsible 
for facility use. 

D. Any peaceful assembly, protest or demonstration where 50 or more 
people are expected to participate must be registered with the Office of the Dean 
of Students prior to the event. Whenever possible, at least 48 hours lead time 
will be given. 



61 



E. If a request for use of a facility is not approved, the applicant will be 
given a statement of reasons for denial. 

F. Appeal of adverse decisions for use of university facilities may be 
made to the Facilities Use Committee composed of designees of the vice 
chancellors for academic affairs, business affairs and student affairs. The 
Facilities Use Committee, subject to approval of the chancellor, shall have 
authority to revise policies and procedure regarding the use of university 
facilities by university groups. 

VI-2 OFF LIMITS PROPERTY 

The eastern section of the university's property, which is undeveloped, should 
not be used for any purpose by students. Comprising approximately 60 percent 
of the total campus, the area is posted with "No Trespassing" signs, which 
should be observed. 

REGULATIONS REGARDING PETITIONS, HANDBILLS, 
SIGNS, POSTERS, BULLETIN BOARDS, BOOTHS, 
BANNERS AND OTHER PROMOTIONAL ACTIVITIES 

A. All posters, notices and other literature must be placed on bulletin 
boards designated for that purpose which are located throughout the campus. All 
bulletin boards or other means of posting materials are under the jurisdiction of 
the college, school, department or administrative office that maintains them. All 
posters, notices and other literature involving alcohol must be in accordance 
with the marketing practices described in University Policy 05.304. 

B. No posters or publicly distributed materials shall contain obscene, 
vulgar or libelous material, nor should any material be distributed which 
contains information in violation of any federal, state or local law or seeks 
unauthorized solicitation. 

C. Distributors of literature must not obstruct traffic, harass or interfere 
with by-passers, block entrances, disturb others with excessive noise, litter 
premises or disturb or interfere with academic or institutional activities. 

D. Postings and signs must be dated on the day of posting and normally 
should not remain beyond 14 days. 

E. Notices should not be placed over existing posters; however, outdated 
material may be removed to make room for upcoming events. 

F. In this section, "sign" includes billboard, decal, notice, placard, poster, 
banner or any kind of hand-held sign, and "posting" is defined as any means 
used for displaying a sign. A sign may not be: 

1. Attached to a shrub or plant; a tree; a permanent sign installed for 
another purpose; a fence or chain or its supporting structure; a brick, concrete or 
masonry structure; a sanctuary, monument or similar structure; or 

2. Posted on or adjacent to a fire hydrant; on or between a curb and 
sidewalk; in a university building, except on the bulletin board; as provided in 
Section VI- 1 -A; or 



62 



3. Placed on windshields of vehicles on campus. 

G. Information and/or sales tables in or around any of the Campus Life 
facilities must be reserved through the Reservation & Event Services office 

H. Banners 

I . Locations 



Fisher University Union - outside - north side poles; inside - designated 
locations (2) 

Fisher Student Center - designated locations inside (3) 
Chancellor's Walk - near the Social & Behavioral Sciences Building 
Wagoner Dining Hall outside - west entrance poles 
Residence Life Recreation Field - poles (near Softball field) 
In locations where poles are designated, the poles must be used. 
Banners may not be hung on the water tower or clock tower 

2. Content 

All banners must clearly identify the student organization sponsoring the event 
or promotional activity. Banners advertising an event in which alcohol will be 
involved must adhere to the "Statement of Principles Regarding the Marketing 
of Alcoholic Beverages" as cited in University Policy 05.304. Advertising 
should avoid reference to drink specials, graphics or pictures depicting the use 
of alcohol and terminology such as bash, $.25 drafts, etc. 

3. Approval 

All banners must be approved by staff in the Campus Activities & Involvement 
Center or the Office of the Dean of Students. If banners are not properly 
approved, they will be taken down. Student organizations must take 
responsibility for removing banners within 24 hours after the event or after 
seven (7) days of posting, whichever comes first. 
I. Chalking on Campus 

1 . Locations 

Chalking is permitted on campus concrete sidewalks only (no chalking on any 
brick, asphalt or other surface). Chalking is NOT permitted on any vertical 
surfaces or under any porch coverings. Chalking is not permitted in the 
Commons Amphitheater since this is a reservable space. Chalking is not 
permitted in the Student Recreation Center Courtyard (front entrance). Chalking 
is not permitted on the sidewalks or parking areas around the Hoggard Lawn 
area including all sides of James, Alderman, and Hoggard halls. 

2. Content 

Content is unrestricted unless the materials contain obscene, vulgar or libelous 
material. Nor should any materials be posted which contain information in 
violation of any federal, state or local law or seeks unauthorized solicitation. 

3. Approval 

Chalking areas are not reservable spaces. These spaces are available on a first 
come, first served basis. Aerosol "spray-on" chalk is not allowed anywhere on 
campus. Adhesives and/or sealants (i.e. spray adhesive, hairspray, etc.) may not 
be used on chalking. 
J. Spirit Rocks 



63 



1 . Locations 

There are two Spirit Rocks on campus: one is located near the Campus 
Recreation Center on Walton Drive. The other is in front of the Fisher 
University Union. These are available for UNCW organizations and individuals 
to share their messages. The Spirit Rock is not reservable space, so it is 
available on a first come, first served basis. Out of courtesy, groups and 
individuals are asked to allow messages to remain on the rock for 24 hours 
before painting over them. 

2. Content 

Content is unrestricted unless the materials contain obscene, vulgar or libelous 
material. Nor should any materials be posted which contain information in 
violation of any federal, state or local law or seeks unauthorized solicitation. 

VI-4 POLITICAL AND RELIGIOUS ACTIVITY 

A. Registered student organizations may sponsor activities on university 
property on behalf of a specific candidate for local, state or national political 
office. 

B. Registered student groups and student organizations associated for religious 
purposes may sponsor religious activities on university property with a person or 
group of persons who are not students, faculty or staff members 

VI-5 SOLICITATION POLICY 

Solicitation means the sale or offer for sale or sales promotion of any property or 
service and/or receipt of or request for any gift or contribution. 

A. No solicitation shall be conducted in any building or structure on the 
campus of UNCW or on the grounds, sidewalks or streets on the campus, or by 
electronic means except by the agents or employees of the university acting in 
the official capacity of their agency or employment or by student government 
and/or registered student organizations, or by officially sanctioned external 
vendors contracted through the Reservation and Events Services Office, in 
accordance with this section on university policy. 

B. Registered student organizations of the institution may collect 
membership fees or dues at meetings of such organizations scheduled in 
accordance with the facilities-use regulations outlined in this section. 

C. There may be a collection of admission fees for an exhibition of films 
or other programs that are sponsored by the university, a recognized faculty 
group or a registered student organization and are scheduled in accordance with 
the facilities use regulations in this section. 

D. Solicitation must be conducted in a way: 

1. That will not disturb or interfere with the regular academic or 
institutional programs being conducted on the campus. 

2. That will not interfere with the free and unimpeded flow of pedestrian 
or vehicular traffic or sidewalks, streets or entrances to the campus buildings or 
common areas of campus buildings. 

3. That will not harass, embarrass or intimidate the person or persons 
being solicited. 

64 



E. Charitable fund-raising campaigns conducted on campus by individuals, 
student organizations or non-student campus groups must be approved by the 
Campus Activities & Involvement Center and must be in compliance with the 
North Carolina "Solicitation of Charitable Funds Act." 

F. Student organizations may solicit local vendors or merchants for 
donations only with prior approval from both the Campus Activities & 
Involvement Center and University Advancement. Students should make it 
known that they are only representing their respective group and are not acting 
in any official capacity for the university. 

G. Student organizations and affiliated groups may solicit only with the 
written approval of the Campus Activities & Involvement Center. A properly 
completed solicitation form and compliance agreement must be submitted to the 
Campus Activities & Involvement Center seven (7) days before the event. 
Approval will be granted under the following conditions: 

1 . The primary purpose of such sales will be to raise money for the benefit 
of the campus group or for charitable causes. 

2. All solicitation must be conducted by and only by members of the 
sponsoring group. This requires the presence of an organization member at all 
times. The university reserves the right to limit the type of fundraiser that 
organizations are permitted to conduct on campus. Fundraising is a privilege 
granted to university recognized groups and therefore those privileges may be 
limited in type or scope. For example, credit card solicitation is not permitted on 
campus. 

3. Outside vendors are not permitted to conduct solicitation on behalf of 
student organizations. Solicitations must be conducted in space approved by the 
appropriate facilities manager: (1) Campus Life facilities and surrounding 
grounds, (2) Wagoner Hall, (3) mall area outside Wagoner Hall, and (4) Brooks 
Field. Other areas may be designated in special circumstances as determined by 
the dean of students. 

4. Registered student organizations funded by the Student Government 
Association are required to provide a financial statement to the Student 
Government Association regarding the conduct of sales within five (5) class 
days of the completion of the event. 

5. Activities authorized by the university administration involving the sale 
of goods or services including, but not limited to, activities of the University 
Bookstore personnel and representatives of education-supply firms, are exempt 
from this policy. 

H. Regulations for on-campus ticket sales are as follows: 

I. An organization selling tickets through the box office in the Fisher 
Student Center shall have all monies received from ticket sales deposited in a 
regular university account by Campus Life staff. 

2. Student organizations funded by the Student Government Association 

shall file with the Student Government Association a final report reconciling 
sales of tickets and names of recipients of complimentary tickets with all unused 
tickets. 



65 



3. All activities involving university funds or services are subject to 
university and state audit. 

4. An organization shall consult with the Campus Activities & 
Involvement Center regarding fund-raising events. Tickets for fund-raising 
events shall indicate admission price, sponsoring organization and be pre- 
numbered, unless they reserve specific seats for specific performances. 

I. Raffle Guidelines: 

It is lawful for tax-exempt organizations to conduct raffles in accordance with, 
but not limited to, the following regulations: 

1 . A raffle is a lottery in which a prize is won by a random drawing of the 
name or number of one or more persons purchasing chances. 

2. All student organizations acting under the auspices of UNCW must 
claim tax-exempt status if planning to hold a raffle. In order to gain this status, 
each organization must write a letter to the North Carolina Department of 
Revenue requesting tax-exempt status. Sample letters are available in the 
Campus Activities & Involvement Center. Student organizations are NOT 
authorized to hold a raffle unless they have received a letter from the state 
indicating their tax-exempt status. A copy of this letter must be kept on file in 
the Campus Activities & Involvement Center in the student organization's 
folder. 

3. The student organization sponsoring a raffle must contact the 
Reservation & Event Services Office to begin an Event Registration Form ten 
(10) days prior to the event. 

4. No alcoholic beverages may be raffled. 

5. A student organization may sponsor only two raffles per year. The total 
cash prizes offered or paid by any organization or association may not exceed 
fifty thousand ($50,000) dollars in any calendar year. 

6. No person may be compensated for conducting a raffle. 

7. No less than ninety percent (90%) of the net proceeds of a raffle shall 
be used by the non-profit organization or association for charitable, religious, 
educational, civic or other nonprofit purposes (Meaning only 10% of the 
proceeds can go toward other items such as raffle expenses). 

This information is in accordance with NC General Statute 14-309.15. 
For more information, contact Campus Activities & Involvement Center in the 
Fisher Student Center room 2029, by phone at 962-3553, or via email at 
activities @uncw.edu. 



VI-6 APPEALS PROCEDURE 

A. The student organization or group aggrieved by a decision covered by 
this section of the Code is entitled to appeal to the Office of the Vice Chancellor 
for Student Affairs by giving written notice on or before the fifth class day after 
the decision is announced. The notice shall contain the student's or 
organization's name and mailing address, a concise description of the complaint, 



66 



the reasons for disagreeing with the decision and the date the decision was 
announced. 

B. When notice of the appeal is received, the vice chancellor for student 
affairs shall delegate responsibility for hearing that appeal. The delegate shall 
provide the student organization with an opportunity for a hearing and the 
person or organization shall be notified at least one day before the date of the 
hearing. 

C. The student or the organization may petition the Student Organizations 
Committee (SOC) in writing, through the delegate, to review a decision which 
has been appealed. The vice chancellor for student affairs shall request SOC to 
review the appeal and make recommendations. 



67 



SECTION VII 

CAMPUS LIFE FACILITIES - FISHER UNIVERSITY 
UNION, FISHER STUDENT CENTER, BURNEY CENTER 
& WARWICK CENTER 

The Fisher University Union, Fisher Student Center, Burney Center, Warwick 
Center, and University Commons serve as focal points for campus life outside 
the classroom, enhancing the university's mission to offer a well-rounded 
educational experience to its students. The facilities provide meeting space, 
study areas, recreational space, performance venues, and space for student 
organization offices, various student service offices and the services of a post 
office, the University Information Center, University Bookstore, banking 
machines, food service and art gallery spaces. 

VII I CAMPUS LIFE ADVISORY BOARD 

The purpose of the Campus Life Advisory Board is to act in an advisory 
capacity to the Executive Director and staff of Campus Life in matters regarding 
the management and operation of Campus Life spaces. It is a chancellor's 
committee. The board shall operate and report to the chancellor through the vice 
chancellor for student affairs. 



The board will be comprised of 12 voting members and designated non-voting, 
ex-officio members. All appointments shall be approved by the chancellor. 
Faculty and staff will be appointed for a two-year term; students shall be 
appointed for a one-year term. The full board will meet approximately three 
times per semester during the academic year. Whenever possible, meeting 
agendas will be distributed prior to each meeting, with the Director of Campus 
Life Facilities and Services serving as convener. Decision-making will be by 
consensus whenever possible or by simple majority voting if necessary. The 
Campus Life staff will provide information on the Campus Life Advisory Board 
in its annual report. 

A. MEMBERSHIP 

Members shall be appointed by the chancellor to ensure representation and 
interaction among students, faculty, staff and alumni. Every member, with the 
exception of the Alumni Association member, shall be a current full-time 
employee of UNCW or an enrolled graduate or undergraduate student who is in 
good academic and disciplinary standing at UNCW at the time of his/her 
appointment and throughout his/her term. A voting member shall have been an 
employee or student at UNCW for one semester (two summer sessions will be 
considered one semester), prior to his/her appointment. 
The 12 voting members shall consist of: 
1. Seven (7) students appointed for one year terms: 

a. The president of the Student Government Association (SGA) or designee. 

b. The chair of the Association of Campus Entertainment or designee. 



68 



c. One student appointed by the Campus Life Student Employee Committee 
(SEC). 

d. One resident student appointed by the Director of Housing and Residence 
Life. 

e. One commuter student appointed by the Office of the Dean of Students. 

f. One student appointed by the leadership of Fraternity & Sorority Life 
community (IFC, NPC, NPHC). 

g. One student appointed by the Associate Vice Chancellor for Institutional 
Diversity and Inclusion. 

2. Two (2) faculty members from various disciplines for two-year terms. 

3. Two (2) staff members, one nominated by the vice chancellor for 
students affairs, and one nominated by the vice chancellor for public service and 
extended education for two-year terms. 

4. One (1) alumnus appointed by the Board of Directors of the UNCW 
Alumni Association for a two year term. 

5. Non-voting, ex-officio members include: 

a. Executive Director of Campus Life 

b. Director of Campus Life Facilities and Services, Convener 

c. Dean of Students 

d. Director of Auxiliary Services 

e. Other Campus Life Staff 

f. Student Designee of Student Media Board 

g. Student Chair or Designee of the Student Organizations Committee 

6. The Director of Campus Life Facilities and Services, with the support 
of administrative staff, will serve as the recording secretary for the board. Staff 
support for the board will be provided by the Executive Director and other 
Campus Life staff members. To conduct business, quorum will consist of one 
third of the voting members of the advisory board. 

7. Any member of the advisory board may be removed by a two-thirds 
(2/3) vote of the voting membership. Circumstances necessitating removal may 
include missing three meetings of the board without excuse and notification to 
the convener or non-performance of duties. The appropriate body or department 
would be notified of the need for a new appointee. 

B. FUNCTIONS AND RESPONSIBILITIES OF THE BOARD 

1. The board meets approximately three times each semester during the 
academic year. Meetings are scheduled at the beginning of each new semester. 

2. During summer and/or breaks, the Director of Campus Life Facilities 
and Services will convene an ad hoc committee of Board members who are 
available to provide input as needed. 

3. The Board is advisory to the Executive Director in all aspects of 
Campus Life operation. The Board will be asked to consider such items as: 

a. Review policies, procedures and practices. 

b. Requests for exceptions to guidelines/policies for space use and other 
procedures in the Campus Life facilities. 



69 



c. Review of issues arising from the operations of these facilities, its 
programs and services. 

d. The Board will have the authority to act as an appeal body in situations 
where it is so designated. 

VTI-2 CAMPUS LIFE FACILITIES - POLICIES 

A. USE OF FACILITIES 

1 . Facilities are reserved primarily for use by UNCW students, faculty and 
staff. 

2. Executive Director of Campus Life or his/her representative is charged 
with determining whether the conduct of an individual or group is in compliance 
with university policies. 

B. RESERVATIONS 

1. Space in the Campus Life facilities can be reserved by a registered 
campus organization, university department, or student, faculty or staff member 
for university functions on a "first come, first served" basis. The Campus Life 
staff reserves the right to make substitutions in room reservations or move a 
group to another area subject to availability. Reservations can be made on-line at 
https://events.uncw.edu/virtualEmsCampus/default.aspx . 

2. The Reservation & Event Services staff must be notified of a 
cancellation no later than two (5) business days prior to the scheduled 
reservation. If a student organization or department neglects to cancel a 
reservation, the group will receive a letter from the Campus Life administration 
office informing them of potential charges for future "no -shows." Personnel fees 
may still apply. 

3. Campus Life reserves the right to bill any organization or group for 
damages or losses which result from the use or misuse of facilities or equipment, 
including charges for additional janitorial service over and above normal 
cleaning of the area used. Groups will be charged for time staff required outside 
normal operating hours of the facilities (e.g., building manager before or after 
hours, additional janitorial staff, etc.). Fees will also apply when technical 
services assistance is given. 

4. Catering arrangements can be made through Campus Dining by 
contacting the catering manager. 

5. With the scheduling of a large group affair, the sponsor will provide 
members to pick up any litter around the Campus Life facilities and in the 
parking lots. 

6. Any decorations to be used must be approved prior to the event date. 
Nothing shall be attached to the walls, with the exception of the fabric walls in 
the Warwick Center ballroom where thumbtacks can be used. All materials used 
at any event must be removed at the conclusion of the program. Use of candles 
in rooms must be approved by the Campus Life staff. 



70 



7. Campus Life will not be responsible for any losses or injuries suffered 

by any person as a result of a room reservation and/or the activities of the 
reserving organization. 

VII-3 STUDENT ORGANIZATION SPONSORED 
CAMPUS DANCES 

A. Closed dances are for UNCW students and one invited guest. Open 
dances are defined as dances that meet the University Police Department's 
potential risk profile. Specifically, any dance that meets one of more of the 
following criteria: 

1 . Open to the general public 

2. Has an expected attendance of 100 or more 

3. Is done in conjunction with any program that addresses sensitive or 
volatile issues that may attract aggressive responses 

4. Has experienced violent incidents in the past 

5. The dance or participants present any level of potential threat to the 
University or its community members. 

Open dances must follow this policy. 

The guest must be escorted and signed in by a UNCW student. All UNCW 
students must show their university identification and guest must present picture 
identification. UNCW students are responsible for the actions of their guest. 
Closed dances will end by 2:00 a.m. Organizations sponsoring closed dances 
must submit an event registration form 10 days prior to the event. (No other 
events should be scheduled in the Burney Center or the Warwick Center when a 
dance is scheduled). 

B. The sponsoring organization must meet with the Reservation & Event 
Services staff and with University Police at least 10 working days prior to the 
date of the dance. 

C. Dances will end by 2:00 a.m., but no one will be allowed to enter after 
1:00 a.m. This ending time may be amended to 1:00 a.m. if the university 
experiences problems with ending at 2:00 a.m. 

D. Advertising will be permitted off campus for student sponsored dances 
only if attendance guidelines are stated in each advertisement. Advertising on 
and off campus must state that attendees must be 18 years of age or older with 
proper identification or must possess a valid UNCW ID. 

E. Attendees must be 18 years of age or older and have proper ID or 
possess a valid UNCW ID. 

F. Student organizations holding dances in the Burney or Warwick Center 
shall be responsible for the following (for other university facilities see Section 
VI): 

1. At least one representative of the organization must be present when 

the DJ or performer(s) arrive. Setup will not begin until an organizational 
representative is present. 



71 



2. All representatives of the organization who are assisting with the dance 
shall be present for a pre-event meeting with University Police and building 
manager(s) one hour prior to the start of the dance. 

3. The organization shall have seven people on duty at all times during a 
dance. Those seven shall be at the dance site one hour before the dance is to 
begin to (a) review the policies, procedures and regulations applicable to the 
dance; (b) review the schedule and assignments of organizational representatives 
at the dance and; (c) ensure that all organizational representatives are in attire 
identifiable to Campus Life and University Police staff on duty (recommend 
each person have same color shirt with identifiable insignia). Groups with less 
than seven organization members may augment their numbers with other 
students. The organization is, however, responsible for ensuring that seven 
people are available and working at the dance at all times. The sponsoring 
organization is responsible for the actions of their representatives at all times 
during the dance. 

4. Parking Lot K will be an option to Union Drive if a staff member is 
present and University Police approve this option. The two students who are 
typically assigned to work Union Drive will be reassigned to sell tickets at the 
main entrance of the Warwick Center. Two people shall be assigned to monitor 
the doors on the north and west sides of the center and activity in the hallways 
and lobby. Two people will be "roamers" who will be responsible for checking 
restrooms and monitoring activities in the ballroom. Representatives should alert 
the building manager or police of any potential or actual problems. The 
sponsoring organization is responsible for making guests aware of and assisting 
in the enforcement of Warwick Center policies. 

5. Organizations that cannot provide seven representatives or who do not 
have those representatives present within these guidelines may not be permitted 
to go ahead with the dance. 

6. If, at any time during the event, conditions or situations exist that are in 
conflict with these guidelines and these conditions or situations cannot be 
remedied, the building manager on duty, University Police, and/or the 
sponsoring organization shall, in consultation with the other parties, have the 
authority to close the dance. 

7. An open dance may not be held in the Burney Center or the Warwick 
Center when any other event is scheduled without advance consultation with 
University Police. 

G. Campus Life will be responsible for the following: 

1. Building managers will be present for a pre-event meeting with 
University Police and sponsoring organization representatives at least one hour 
prior to the event. 

2. Building managers shall assist sponsoring organizations by being 
visible and observant throughout the dance and assuring the communication of 
problems and concerns to University Police and sponsoring organization 
representatives. 



72 



3. Building managers shall interpret policy and act accordingly in the 
absence of a professional staff member. A professional staff member of the 
Campus Life department shall be on call when dances are held in these facilities. 

4. Building managers will be responsible for securing the building once 
the event has concluded. 

H. University Police will be responsible for the following: 

I. A University Police representative will be present one hour before the 
event to attend the pre-event meeting. 

2. Officers will block Hamilton Drive at Riegel Road and direct event 
traffic to Union Drive. Officers will set up metal detectors at the entrance to the 
Warwick Center. Officers will be assigned to assist sponsoring organization 
representatives at the ticket sales point on Union Drive and in the parking lot. 
(These procedures may be changed by University Police due to other scheduled 
activities.) 

3. Officers assigned to Union Drive will support the event sponsors in 
checking ID's. Officers will assist persons deciding not to enter the event by 
directing them to areas where they can turn around and controlling traffic as 
necessary to allow exit. Officers will enforce violations of drug and alcohol 
statutes and discourage intoxicated persons from entering the event. 

4. Incidents of a verbal nature (arguing) should be addressed by 
sponsoring organization representatives if possible. University Police should be 
notified of incidents that, in the opinion of the sponsoring organization 
representatives, cannot be quelled without police intervention. University Police 
will not, however, seek out organization representatives if the incident, in their 
professional opinion, requires police intervention. 

5. As for, incidents of a physical nature (fighting, vandalism, etc.) it is the 
role of the University Police to intervene with fights and acts of violence. If acts 
of violence occur, the sponsoring organization representatives, building 
managers and professional staff representative shall position themselves away 
from danger but maintain communication ability with at least one police officer 
and follow the instructions of that officer. While police officers are trained to 
deal with violent actions, events may unfold quickly and escalate at a rapid rate. 
If officers are not able to diffuse a situation quickly or the situation escalates 
rapidly, event sponsors should attempt to direct patrons to nearby exits and 
listen for police instructions. It is important to realize that officers are equipped 
to respond to these situations and that certain equipment may cause discomfort 
not only to combatants, but also to onlookers. 

6. Officers will patrol the parking lot area directly following the event to 
facilitate clearing of the area. 

7. The University Police will provide three officers at no charge to the 
sponsoring organization for the events held on Friday evenings. The 
organization will be charged for two officers. Events held on Saturday night will 
be charged at the normal rate in effect for the number of hours worked by five 
officers. 

I. Student organization dances held in Wagoner Hall and Madeline Suite: 



73 



1 . Wagoner Hall and Madeline Suite should be used only if the Warwick 
Center facilities are unavailable. Use of these facilities is subject to the approval 
of the Director of Auxiliary Services. 

2. For student organization sponsored dances held in Wagoner Hall and 
Madeline Suite, a staff advisor must be present. 

J. Student organization sponsored dances held in Trask Coliseum and 

Hanover Hall: 

All general policies outlined above will apply to dances held in these areas 
though specific responsibilities of student organization members during the 
dance will vary depending on the facility and the particular event. Student 
organization representatives shall obtain these specific duties through 
consultation with the Assistant Director of Athletics. 

K. Solicitation guidelines as described in the UNCW Code of Student Life 

shall be applied to all dances where admission is charged or where money is 

collected in any way. The solicitation policy includes the completion of 

appropriate forms in the Campus Activities & Involvement Center. 

L. The following general polices will be in effect for student sponsored 

dances: 

1. Security needs for all events on the UNCW campus, including use of 
metal detectors, shall be determined through consultation between student event 
sponsors and the Chief of University Police. 

2. The number of events requiring University Police per weekend (Friday 
- Saturday night) will be determined on an event-by-event basis through 
consultation between event sponsors and the Chief of University Police. (As a 
general rule, such events should be limited to one per weekend due to limited 
campus staff.) 

3. Students, guests and other observers will not be permitted to gather in 
or around the entrance and exits of the facility, nor will they be permitted to 
gather in the parking lots, roads or any area adjacent to the facility. Once a 
student or guest enters the dance, re-entry is not allowed. 

4. All facility user fees and security charges are the responsibility of the 
sponsoring organization. Any organization with overdue bills will not be granted 
use of the facilities. 

5. In order to allow all groups an opportunity to hold dances in the Burney 
and Warwick Center Ballrooms, Campus Life Reservation & Event Services 
will accept only two weekend dance reservations at a time from any one club or 
organization for each semester (Friday/Saturday nights). After the first 
scheduled dance has taken place, the group can then make additional dance 
reservations for that semester (resulting in any club or organization having only 
two dance reservations on the books at any one time during the semester). 

M. Violation of any of these policies may lead to disciplinary action, 
including, but not limited to, the barring of individual students, guests and/or 
organizations from participation in future activities of this nature. 



74 



UNCW 

UNIVERSITY POLICY 

(most current version of university polices can be 
found online at: http://www.uncw.edu/policies) 



75 



HARASSMENT PREVENTION POLICY 
POLICY 02.200 



I. PURPOSE 

The university affirms its desire to maintain a work environment for all 
employees and a learning and living environment for all students that is free 
from all forms of harassment. The university is committed to ensuring that all 
students, faculty, staff and administrators are treated with dignity and respect. 
Harassment is highly detrimental to an environment of mutual respect that must 
prevail if the university is to fulfill its goals. All members of the university 
community have an obligation to learn what behaviors constitute harassment, to 
be responsible for their own behavior and to cooperate in creating a climate 
where harassment is not tolerated. This policy shall be applied in a manner that 
protects the academic freedom and freedom of expression of all parties. 



n. scope 

A. Harassment based on race, color, religion, creed, sex, national origin, age, 
disability, sexual orientation or veteran status is a form of discrimination in 
violation of federal law, state law and/or university policy, and will not be 
tolerated. 

B. Retaliation against any person complaining of harassment or any person 
who is a witness to harassment is in violation of the law and this policy and 
is grounds for appropriate disciplinary action. 

C. The university will respond promptly to all complaints of harassment and 
retaliation whether the behavior is communicated physically, verbally, in 
print, via the Internet or through other means. When necessary, the 
university will institute discipline against the offending individual, which 
may result in a range of sanctions, including, but not limited to, the 
following: for students — warning, disciplinary probation or suspension; and 
for employees — warning, suspension without pay or dismissal. 

D. The university considers the filing of intentionally false reports of 
harassment as a violation of this policy and grounds for appropriate 
disciplinary action. 

E. Disciplinary action for violations of this policy by students will be the 
responsibility of the Office of the Dean of Students; disciplinary actions for 
violations of this policy by employees will be the responsibility of the 
pertinent senior officer in the employee's division after consultation with 
the university's equal employment opportunity/affirmative action officer, 
and in accordance with applicable procedures. 



III. PROHIBITED CONDUCT 

A. Harassment is unwelcome conduct based on race, color, religion, creed, sex, 
national origin, age, disability, veteran status or sexual orientation that is 



76 



either a condition of working or learning ("quid pro quo") or creates a 
hostile environment. 

B. Quid pro quo harassment consists of unwelcome conduct when: 

1. Submission to such conduct is made either explicitly or implicitly a 
term or condition of an individual's employment, employment 
decisions, academic standing or receipt of a needed or legitimately 
requested university service or benefit; or 

2. Submission to, or rejection of, such conduct by an individual is 
used as basis for decisions affecting such individual in matters of 
employment, employment decisions, academic decisions (such as 
grades) or receipt of a needed or legitimately requested university 
service or benefit. 

C. Hostile environment harassment consists of unwelcome conduct when: 

D. Such conduct has the purpose or effect of unreasonably interfering with an 
individual's work, academic performance or living environment; or 

E. Such conduct has the purpose or effect of creating an intimidating, hostile 
or offensive working, learning or living environment. 

F. Hostile environment harassment is determined by looking at all of the 
circumstances, including the frequency of the allegedly harassing conduct, 
and its severity. A single, serious incident may be sufficient to constitute 
hostile environment harassment. 

G. Retaliation is conduct causing any interference, coercion, restraint or 
reprisal against a person complaining of harassment or participating in the 
resolution of a complaint of harassment. 



IV. REPORTING 

The university encourages reporting of all perceived incidents of harassment, 
regardless of who the alleged offender may be. Individuals who either believe 
they have become the victim of harassment or have witnessed harassment are to 
utilize the Harassment Resolution Procedures 



HARASSMENT RESOLUTION PROCEDURES 
POLICY 02.210 



I. PURPOSE 

These procedures are intended to provide for the prompt and equitable 
resolution of harassment. These procedures apply to all university students, 
agents and employees, including full- and part-time students, graduate and 
undergraduate; and full, part-time and temporary employees, including faculty, 
EPA professionals and SPA employees, as well as visitors. The university 
recognizes that there are multiple avenues for resolving harassment concerns, 
from informal means and mediation to formal investigations. The university 
encourages individuals who believe that they are the subject of harassment to 
report incidents in accordance with these procedures. 



77 



II. CONFIDENTIALITY 

The university shall protect the privacy and confidentiality of individuals both 
reporting and individuals who are alleged to have harassed to the extent allowed 
by law. However, once a university official has actual knowledge of allegations 
which may be serious enough to constitute a violation of the university's 
harassment prevention policy, the university's legal obligations require it to 
investigate under the formal procedures described below in Sections VII or VIII. 
If an individual desires complete confidentiality and does not want such an 
investigation, he/she should consult with individuals, who by law have special 
professional status, such as mental health counselors, physicians, clergy or 
private attorneys. 

III. ADMINISTRATIVE RESPONSIBILITY 

Vice chancellors, deans, directors, department chairs or supervisors who become 
aware of specific allegations of harassment must report the allegations promptly 
either to the Human Resources Director/Equal Employment 
Opportunity/Affirmative Action Officer ("EEO/AA officer") or the dean of 
students, as appropriate based on the status of the alleged offender. 



IV. RETALIATION PROHIBITED 

Any act by a university employee, agent or student of reprisal, interference, 
restraint, discrimination, coercion or harassment against any person using these 
procedures shall constitute a policy violation and shall be subject to prompt and 
appropriate disciplinary action. 

V. OTHER REMEDIES 

A. The existence of these procedures does not prohibit individuals from also 
filing claims under Title VII (Civil Rights Act of 1964) with the Equal 
Employment Opportunity Commission or under Title IX (Education 
Amendments of 1972) with the Office of Civil Rights, U.S. Department of 
Education. 

B. SPA employees may file a grievance under the Unlawful Workplace 
Harassment section of the SPA Grievance and Appeal Policy. This is the 
required procedure for SPA employees who desire to maintain their appeal 
rights through the Office of Administrative Hearings of the State Personnel 
Commission. To use this procedure, the SPA employee must submit a written 
grievance to Human Resources within thirty (30) calendar days of the alleged 
harassment. SPA employees who do not submit a written grievance to Human 
Resources within this time frame may still utilize the formal resolution 
procedures for resolving their concerns as stated below but will not have the 
option of later appealing to the Office of Administrative Hearings or using any 
other university appeal procedures. 



78 



VI. INFORMAL RESOLUTION 

A. In deciding whether to pursue informal means, including mediation, the 
affected individual is encouraged to seek the assistance of the Title IX 
Coordinator, the ADA Coordinator or representatives in the Office of the Dean 
of Students, Housing and Residence Life staff, Student Health Services, the 
Counseling Center or Human Resources. These offices are available to assist the 
affected individual in crafting the message to send to the offending individual, 
as well as recommending other informal mechanisms and setting up mediation. 
Whichever office the affected individual elects to discuss his/her concerns with, 
the issue of confidentiality should be addressed before specific facts or identities 
are disclosed due to the university's legal obligations to investigate all 
allegations that may constitute harassment as defined in the university's 
harassment prevention policy. 

B. Harassment concerns may be resolved through a variety of informal 
mechanisms, including, but not limited to, the following: 

1. Telling the alleged offender his or her behavior is unwelcome and must stop. 

2. Asking for an apology and a commitment that the behavior will stop. 

3. Sending a copy of the university's harassment prevention policy to the 
alleged offender. 

4. Writing to the alleged offender regarding the conduct, pointing out the 
effects of such behavior and explaining the behavior change desired. 

5. Having the pertinent supervisor to counsel the alleged offender about 
appropriate behaviors and conduct expectations. 

6. Seeking to mediate the concern. 

VII. FORMAL RESOLUTION: STUDENT INITIATED 
HARASSMENT 

Complaints about students must be presented to the Office of the Dean of 
Students. The dean of students/designee shall investigate and take appropriate 
disciplinary action commensurate with the severity and/or frequency of the 
conduct. Discipline resulting from student harassment shall be taken in 
accordance with the procedures provided in the Code of Student Life. 

VIII. FORMAL RESOLUTION: EMPLOYEE OR OTHER 
NON-STUDENT INITIATED HARASSMENT 

A. A complaint must be presented within ninety (90) calendar days of the 
alleged harassing incident to the EEO/AA officer. If filed later than ninety 
calendar (90) days, the EEO/AA officer may extend the time limit based on 
extenuating circumstances and at his/her sole discretion. If the allegations are 
against the EEO/AA officer, the complainant may present the complaint to the 
general counsel for investigation and resolution. 

B. Complainants are not required to provide a signed, written statement 
describing their complaint, though such documentation is strongly encouraged. 
If the complainant conveys the allegations verbally, the EEO/AA 



79 



officer/designee shall document the complaint and have the complainant review 
and sign the documentation to indicate that it is accurate and complete. 

C. Depending on the nature and severity of the allegations, the university 
may be obligated to investigate a complaint of harassment without a signed, 
written statement once the university has actual notice of possible harassment. 
Under Title IX, the university is legally obligated to take prompt and remedial 
measures to end harassment of a student, even if the student does not make a 
complaint or otherwise requests action to be taken. 

D. The EEO/AA officer, or designee shall determine whether the 
allegations fall within the scope of the university's harassment prevention 
policy. If the determination is that the policy is implicated, the EEO/AA officer 
or designee(s) shall investigate promptly. 

E. At a minimum, the EEO/AA officer or designee shall form a fact 
finding team of two impartial and unbiased individuals who shall provide for an 
interview of the complainant and the respondent.. Witnesses should also be 
interviewed, and any relevant documentary evidence shall be reviewed. The 
investigator(s) shall take notes of all individuals who are interviewed. The 
investigator(s) shall instruct individuals that retaliation is prohibited and is a 
violation of university policy and the law. The individuals shall also be 
instructed about the confidentiality and privacy parameters of the investigation. 

F. Both the complainant and the respondent may be accompanied when 
interviewed by another member of the university community, so long as the 
individual does not interfere with the interview. This person's role is simply as 
an observer. Representation by legal counsel during the interview is prohibited. 

G. Upon completion of the investigation, the fact finding team shall 
prepare a written report of the factual findings.. The EEO/AA officer shall 
forward the report to the pertinent senior officer in the unit where the respondent 
is employed. The senior officer shall make a determination of whether a policy 
violation has occurred. 

H. In the event that a violation of the university's harassment prevention 
policy is found, the pertinent senior officer shall determine the appropriate 
disciplinary action in consultation with the EEO/AA officer (and the Title IX 
Coordinator if a sexual harassment matter) and in accordance with the 
appropriate disciplinary procedures pertaining to the affected individual (e.g., 
Section 603 of the Code of the Board of Governors for imposition of serious 
sanctions against a faculty member, SPA Grievance Procedure, or EPA 
Grievance Procedure). Any prior violations of the harassment prevention policy 
involving the respondent shall be considered in any disciplinary action. 

I. The complainant and the respondent shall be informed immediately 
when the investigation is completed. Results of the investigation, the fact 
finding report and any subsequent disciplinary action shall be kept confidential 
to the extent allowed by the Family Educational Rights and Privacy Act 
(FERPA) and the North Carolina Personnel Records Act. 



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IX. RECORDKEEPING 

A. The Human Resources Office shall retain all records of the 
investigation in a confidential file. 

B. The EEO/AA officer and the dean of students shall provide statistics on 
an annual basis to the chancellor and the Title IX Coordinator of the number of 
incidents that have been investigated under the formal resolution procedures. 

X. APPEAL PROCEDURES 

A. The grounds for appeal by the complainant or the respondent may be 
for only these reasons: 

1. The harassment is ongoing; 

2. The remedy was not implemented; 

3. Material procedural irregularities occurred during the investigation; or 

4. New evidence has been discovered that had not been available during 
the investigation. 

B. Dissatisfaction with the university's conclusion from the formal 
resolution procedures is not grounds for an appeal. Appeals of any disciplinary 
action must be taken in accordance with the SPA grievance procedures, the EPA 
grievance procedures or Section 603 of the Code of the Board of Governors, as 
appropriate. 

C. A written appeal statement must be filed within thirty (30) calendar 
days after notice that the investigation has been completed. The statement must 
be sent to the EEO/AA officer or to general counsel if the appeal is against the 
EEO/AA officer. 

D. Appeal statements must include a copy of the original complaint, a 
summary of efforts to resolve the harassment and the grounds for the appeal. 

E. The pertinent vice chancellor/designee shall review the appeal with the 
EEO/AA officer, general counsel (and the Title IX Coordinator if a sexual 
harassment matter) and make a decision. The decision must be in writing and 
sent to the complainant in a matter which ensures receipt. This decision 
constitutes a final university decision. 



IMPROPER RELATIONSHIPS BETWEEN 
STUDENTS AND EMPLOYEES 
POLICY 02.220 

I. PURPOSE 

This policy sets forth professional conduct standards for all employees who are 
involved in the instruction, supervision or evaluation of students. The university 
does not condone amorous relationships between students and employees. 
Members of the university community should avoid such liaisons, which can 
harm affected students and damage the integrity of the academic enterprise. 



81 



Further, sexual relationships between unmarried persons can result in criminal 
liability. In two types of situations, university prohibition and punishment of 
amorous relationships is deemed necessary: 1) when the employee is responsible 
for evaluating or supervising the affected student; and 2) when the student is a 
minor, as defined by North Carolina law. 

II. PROHIBITED CONDUCT 

A. It is misconduct, subject to disciplinary action, for a university 
employee, incident to any instructional, research, administrative or other 
university employment responsibility or authority, to evaluate or supervise any 
enrolled student of the university with whom he or she has an amorous 
relationship or to whom he or she is related by blood, law or marriage. 

B. It is misconduct, subject to disciplinary action, for a university 
employee to engage in sexual activity with any enrolled student of the 
institution, other than his or her spouse, who is a minor below the age of 18 
years. 

III. DEFINITION OF TERMS 

A. "Amorous relationship" exists when, without the benefit of marriage, 
two persons as consenting partners 

(1) Have a sexual union; or 

(2) Engage in a romantic partnering or courtship that may or may 
not have been consummated sexually. 

B. "Evaluate or supervise" means: 

(1) To assess, determine or influence a) one's academic performance, 
progress or potential; or b) one's entitlement to or eligibility for any 
institutionally conferred right, benefit or opportunity; or 

(2) To oversee, manage or direct one's academic or other institutionally 
prescribed activities. 

C. "Related by blood, law or marriage" means: 

(1) Parent and child 

(2) Brother and sister 

(3) Grandparent and grandchild 

(4) Aunt and/or uncle and niece and/or nephew 

(5) First cousins 

(6) Stepparent and stepchild 

(7) Husband and wife 

(8) Parents-in-law and children-in-law 

(9) Brothers-in-law and sisters-in-law 

(10) Guardian and ward 

IV. REPORTING POLICY VIOLATIONS 

A. The university encourages individuals to report alleged violations to the 
department chair, dean, director or vice chancellor of the division or department 
in which the employee involved in the relationship is employed. The dean, 

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director or vice chancellor, in consultation with the Director of Human 
Resources and the Provost, shall determine whether to authorize a formal 
investigation of the allegations. 

B. Self-reporting is encouraged to avoid potential conflicts of interests, 
actual conflicts of interests or the appearance of a conflict. If the potential for 
such a conflict arises, the employee is required to disclose the possibility of a 
potential conflict to his or her immediate supervisor and efforts are to be made 
to eliminate any potential source of the conflict. 

C. The university considers the filing of a false or malicious report as a 
violation of this policy, and the individual who reports shall be subject to prompt 
and appropriate disciplinary action. 

V. INVESTIGATORY PROCEDURES 

A. Because of the sensitive nature of such relationships, reasonable effort 
should be taken to resolve a policy violation in an informal and expedited 
manner whenever possible. 

B. If a formal investigation is authorized, the pertinent vice chancellor will 
identify an appropriate administrator(s). The investigating administrator(s) 
cannot be the direct supervisor of the employee named in the complaint. The 
investigating administrator(s) shall interview the employee, the affected student, 
the complainant and any other individual believed to have pertinent factual 
knowledge necessary to determine the validity of the allegations. Relevant 
documents should also be reviewed. All parties to an investigation must be 
instructed on the confidential nature of the matter, and the prohibition against 
retaliation for reporting policy violations and/or participating in an investigation. 

C. The investigating administrator(s) shall prepare a report of findings, 
which shall be considered a confidential personnel record. Human Resources 
will serve as a consultant to the process to ensure consistency of treatment. In 
the case of a faculty member, the report shall be submitted to the pertinent dean 
and the provost, with a copy to the Director of Human Resources. In the case of 
a non-faculty member, the report will be submitted to the pertinent vice 
chancellor and the Director of Human Resources. 

D. Results of the investigation, the report and any subsequent disciplinary 
action shall be kept confidential to the extent allowed by the Family Educational 
Rights and Privacy Act (FERPA) and the North Carolina Personnel Records 
Act. Generally, the complainant is not entitled to learn the outcome of such an 
investigation other than notice when the investigation has concluded. All related 
documentation should be forwarded as soon as possible following resolution to 
Human Resources for retention. 

E. Reasonable efforts should be made to address the concern in as timely a 
manner as possible, which should be within thirty (30) calendar days of 
receiving the complaint. The Director of Human Resources should be advised on 
any investigation and/or resolution that takes longer than thirty (30) calendar 
days. This should be accomplished through a status report provided by the 
investigating administrator(s). 



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VI. CORRECTIVE ACTION 

Any disciplinary action imposed for a violation of this policy shall be made in 
accordance with the disciplinary procedures applicable to the faculty or staff 
member's category of employment. Sanctions may include a letter of reprimand 
or warning, suspension without pay or dismissal from employment. Disciplinary 
action shall be decided by the appropriate vice chancellor or designee in 
consultation with the Director of Human Resources. 



TOBACCO POLICY 
POLICY 02.330 

(established May 5, 2008; effective June 1, 2008) 

I. PURPOSE 

The University of North Carolina Wilmington (UNCW) has a responsibility to 
its employees and students to provide a safe and healthful environment. 
Research findings show that tobacco use in general, including smoking and 
breathing secondhand smoke, constitutes a significant health hazard. In addition 
to causing direct health hazards, smoking contributes to institutional costs in 
other ways, including fire damage, cleaning and maintenance costs, and costs 
associated with employee absenteeism, health care, and medical insurance. 

II. SCOPE 

The tobacco policy applies to all students, university employees, and visitors 
and guests of the university. For the purposes of this policy, smoking is defined 
as burning any type of tobacco product including, but not limited to, cigarettes, 
cigars, cigarillos, pipes, and bidis. 

III. POLICY 

A. Smoking is prohibited in all UNCW buildings. 

B. Smoking is prohibited up to 25 feet outside the entrance to any campus 
building (measured as 25 feet from the end of each formal entrance structure). 
Special consideration will be given to those buildings where compliance with a 
25 feet perimeter poses a danger to the individual. 

C. Smoking is prohibited in all UNCW vehicles. 

D. The sale of tobacco products on campus is prohibited. 

E. The free distribution of tobacco products on campus is prohibited. 

F. Registered student organizations are prohibited from accepting event 
sponsorship from tobacco brand companies and from promoting tobacco 
products. 



84 



IV. IMPLEMENTATION AND ENFORCEMENT 

A. Enforcement of this policy will depend upon the cooperation of all faculty, 
staff, and students not only to comply with this policy but also to encourage 
others to comply with the policy in order to provide a healthy environment in 
which to work, study, and live. 

B. Repeated or intentional non-compliance with these provisions will be 
managed in accordance with Student Affairs guidelines for all students and 
disciplinary guidelines for staff and faculty. When necessary, the university will 
institute disciplinar against the offending individual, which may result in a range 
of sanctions, including but not limited to the following: for students - warning, 
disciplinary probation, or suspension; and for employees - warning, suspension 
without pay, or dismissal. 

C. All non-smoking areas shall be clearly marked with appropriate signage 
and other physical indicators, especially related to the 25 foot perimeter policy. 
Any smoking waste management products should be placed outside of the 25 
food perimeter. 

D. Housing and Residence Life is responsible for enforcing and 
implementing sanctions in campus and student residences, per item #33 in the 
Code of Student Life, Residence Life publication, A Guide to On-Campus 
Living. 

V. SMOKING CESSATION SERVICES 

A. Smoking cessation services for students will be provided by UNCW's 
Substance Abuse Prevention and Education Program, in partnership with Health 
Promotion Services and the Abrons Student Health Center. 

B. Information regarding smoking cessation services and education for 
employees is available through Human Resources and/or the State Health Plan. 



ILLEGAL DRUGS 
POLICY 04.110 

I. PURPOSE 

The fundamental purpose of the university is to maintain an 
environment that supports and encourages the pursuit and 
dissemination of knowledge. That environment is damaged by 
illegal drug use. Therefore, all members of the academic 
community, students, faculty, administrators and other university 
employees share the responsibility for protecting the environment 
by exemplifying high standards of professional and personal 
conduct. 



85 



II. POLICY AND PROGRAM 

A. The illegal use, possession, sale, delivery and/or manufacture of drugs 
will not be tolerated and may be grounds for immediate suspension or dismissal 
of students, faculty, administrators and other university employees. 

B. University policies and programs are intended to emphasize the 
following: 

1 . The incompatibility of the possession, use or sale of illegal 
drugs with the goals of the university. 

2. The legal consequences of involvement with illegal drugs. 

3. The medical implications of the use of illegal drugs. 

4. The ways in which illegal drugs jeopardize an individual's 
present accomplishments and future opportunities. 

C. The university provides a systematic substance abuse education and 
prevention program designed to reach all segments of the campus community. 
To assist in accomplishing this mission, CROSSROADS: Substance Abuse 
Prevention and Education Program has developed a well-integrated, centralized 
program that is a focal point for campus substance abuse education, training and 
prevention, which monitors the effectiveness of programs for constituencies 
served. The Counseling Center provides substance abuse counseling and referral 
services for students and provides consultation to students, faculty and staff. 

III. EDUCATION 

The university provides a program of education designed to help all members of 
the university community avoid abuse of illegal drugs. Education programs: 

A. Provide a system of accurate, current information exchange on the 
health risks and symptoms of drug use for students, faculty and staff. 

B. Promote and support institutional programming that discourages 
substance abuse. 

C. Establish collaborative relationships between community groups and 
agencies and the institution for education, treatment and referral. 

D. Provide training programs for students, faculty and staff to enable them 
to detect problems related to drug use and refer persons with these problems for 
appropriate assistance. 

E. Include information about drugs for students and family members in 
the student orientation programs. The use of prescription and over-the-counter 
drugs will be addressed. 

F. Support and encourage faculty in incorporating education about drugs 
into the curriculum where appropriate. 

G. Develop a coordinated effort across campus for drug related education, 
treatment and referral. 

IV. COUNSELING AND REHABILITATION 

A. The university provides information about drug counseling and 
rehabilitation services to members of the university community. Persons who 



86 



voluntarily avail themselves of university services can be assured that applicable 
professional standards of confidentiality will be observed. Counseling and 
rehabilitation services include: 

1 . Training for professional staff and student staff on drug abuse 
information, intervention and referral. 

2. Education programs for students who have demonstrated abusive 
behavior with drugs. 

3. Assessment, counseling and referrals for students. 

4. Consultation, information and referrals for students, staff and faculty. 
B. In providing the above strategies, it is recognized that some campus 
constituents may prefer professional assistance external to the campus. 
Therefore, CROSSROADS: Substance Abuse Prevention and Education 
Program will collaborate with the Counseling Center in the development of 
appropriate referral mechanisms for these individuals. A listing of off-campus 
resources for assistance and referral is available for those who choose that 
option. In the development of this program, it is desired that faculty, students, 
administrators and other employees be comfortable in the manner in which they 
are served and have a choice in the selection of appropriate assistance. 
Individuals served in the Counseling Center on campus can be assured that 
applicable confidentiality will be maintained. 

V. ENFORCEMENT AND PENALTIES 

A. ENFORCEMENT 

In seeking to enforce established university policy, the university will: 

1. Publicize all drug policies. 

2. Consistently enforce drug policies. 

3. Exercise appropriate disciplinary action for drug policy violations. 

B. PENALTIES 

The university shall take actions necessary, consistent with state and federal law 
and applicable university policy to eliminate illegal drugs from the university 
community. University policy on illegal drugs is publicized in the university 
catalog, student and faculty handbooks, student orientation materials, on-line 
resources, letters to students and parents, residence hall meetings and faculty 
and employee meetings. 

Students and faculty members, administrators and other employees are 
responsible as citizens for knowing about and complying with the provisions of 
the North Carolina law that makes it a crime to possess, sell, deliver or 
manufacture drugs designated collectively as "controlled substances" in Article 
V, Chapter 90 of the North Carolina General Statutes (see State Law I). Any 
member of the university community who violates that law is subject both to 
prosecution and punishment by the civil authorities and to disciplinary 
proceedings by UNCW. It is not "double jeopardy" for both the civil authorities 
and the university to proceed against and adjudicate a person for the same 



87 



specified conduct. The university will initiate its own disciplinary proceedings 
against the student, faculty member, administrator or other employee when the 
alleged conduct is deemed to affect the interest of the university. 



Penalties will be imposed by the university in accordance with procedural 
safeguards applicable to disciplinary actions against students (see Code of 
Student Life, Section II), faculty members (see Policies of Academic Freedom 
and Tenure, UNCW, Section VII), and administrators and other employees (see 
Procedure No. PER 6.10 and Personnel Policies for Designated Employment 
Exempt from State Personnel Act - EPA Administrative Positions) 2 . 



The penalties to be imposed by the university will vary depending upon the 
nature and seriousness of the offense and may include a range of disciplinary 
actions up to and including expulsion from enrollment and discharge from 
employment. The university may also refer matters to law enforcement for 
prosecution. 

A. For second or subsequent offenses involving illegal drugs, progressively 
more severe penalties shall be imposed. 

B. Students and faculty members, administrators and other employees found to 
have violated applicable law of university policies concerning illegal drugs may 
be required to participate in drug education and counseling program, consent to 
regular drug testing, and accept such other conditions and restrictions, including 
a program of community service, as the chancellor or the chancellor's designee 
deems appropriate. Refusal or failure to abide such conditions and restrictions 
may result in additional disciplinary action, up to and including, expulsion from 
enrollment and discharge from employment. 



SUSPENSION PENDING FINAL DISPOSITION 

When a student, faculty, administrator or university employee has been charged 
by the university with a violation of policies concerning illegal drugs, he/she 
may be suspended from enrollment and/or employment before initiation or 
completion of regular disciplinary proceedings if, assuming the truth of the 
charges, the chancellor, or in the chancellor's absence the chancellor's designee 
concludes that the person's continued presence within the university community 
would constitute a clear and immediate danger to the health or welfare of other 
members of the university community; provided that, if such a suspension is 
imposed, an appropriate hearing of the charges against the suspended person 
shall be held in accordance with applicable campus conduct policy. 



VI. ASSESSMENT 



2 Rules of the State Personnel Commission govern the disciplinary actions that may be taken against 
SPA employees. Under current commission regulations discharge, rather than suspension, is the 
applicable penalty for SPA employees in those instances where this policy otherwise requires 
suspension. 

88 



The University must comply with the applicable state and federal law regarding 
illegal drugs including without limitation, the Drug-Free Workplace Act of 1988 
and the Drug-Free Schools and Communities Act Amendments of 1989. In 
accordance with the latter, the university must conduct a biennial review of the 
effectiveness of its educational programs regarding illegal drugs and the 
consistency of sanction enforcement, and maintain the results of such reviews on 
file. 

SEXUAL MISCONDUCT POLICY 
POLICY 04.130 

I. PURPOSE 

The University takes complaints and the occurrence of sexual misconduct in any 
form very seriously. In order to provide a safe campus community within which 
all members are valued and respected, policies and procedures for addressing 
sexual misconduct have been established in accordance with Title IX 
requirements and are detailed in the following pages. Complaints of sexual 
misconduct by and/or against individuals in the University community will be 
promptly investigated, findings issued, and if sexual misconduct is found, 
circumstances redressed, and corrective remedies pursued. Acts of sexual 
misconduct will not be tolerated in our campus community and are punishable 
under both University policies and North Carolina law. This policy applies to all 
aspects of University activities, including off-campus activities involving sexual 
misconduct by a UNCW student(s). Sexual misconduct by other UNCW 
community members should be reported to UNCW Police and/or Human 
Resources and/or the Office of the Dean of Students. 

It is important to report ANY sexual misconduct. There are several ways to take 
action: a) adjudication through the Campus Conduct System; b) pursue legal 
action; or c) engage both processes concurrently or in succession. In any case, 
the University recommends that victims report the crime to the UNCW Police or 
local law enforcement officials as soon as possible to ensure proper evidence 
collection and investigation. This will be of great importance should the person 
choose to pursue legal charges. UNCW provides confidential resources, support, 
and reporting advice to students through UNCW CARE, the Counseling Center, 
and the Abrons Student Health Center. Reports of sexual misconduct received 
by other UNCW employees will be reviewed by the Dean of Students in 
consultation with the Office of General Counsel to insure that Title IX issues are 
being appropriately addressed. 

II. SERVICES 

The University believes that no person should bear the effects of sexual 
misconduct alone. The safety, health, and well-being of those community 

89 



members impacted by sexual misconduct are of paramount concern. UNCW 
offers a range of services and resources to address these needs and support 
victims of sexual misconduct. 

Through UNCW CARE, the University's violence prevention and intervention 
program, the University provides confidential consultation and victim advocacy 
services to students who have experienced sexual misconduct. CARE responds 
to students who have been victimized, as well as those affected by someone 
else's experience with abuse or assault, providing supportive services, including 
crisis response, individual advocacy, accompaniment services, acting as an 
advisor in the campus conduct system, and coordination with both on-campus 
and off-campus resources. CARE's Victim Advocates inform and counsel 
students of their rights and available resources to empower students to make 
informed decisions and choices in responding to and coping with the effects of 
sexual misconduct. Students can also access victim advocacy via the Rape Crisis 
Center. Advocates assist students, but the choice of what actions to pursue 
belongs solely to the victim. A Victim Advocate from CARE is available at any 
time by calling 962-CARE or 910-512-4821 after hours. More information for 
survivors is available at www.uncw.edu/care . 

The University also encourages those assaulted to report the incident to 
University or local law enforcement officers or to University administrators. 
Reporting the incident enables University administrators to respond 
appropriately under the given circumstances, and if possible, pursue corrective 
measures to prevent further misconduct. 

In addition to victim advocacy services and law enforcement, the University's 
support services include: 

1. Educational programs, awareness events and print and video 
resources addressing a variety of topics related to sexual 
misconduct. 

2. Counseling services for those who have been assaulted or who 
have concerns regarding sexual misconduct. 

3. Referral to off -campus agencies that provide services for persons 
who have been sexual assaulted or experienced other sexual 
misconduct. 

4. Assistance to persons who have been sexually assaulted or 
experienced other sexual misconduct in obtaining medical services. 

5. Procedures for campus conduct action when persons who have 
been the victim of sexual misconduct with to pursue campus 
disciplinary action against the assailant. 

6. Assistance to persons who have been sexually assaulted or 
experienced other sexual misconduct in pursuing criminal action 
against their assailants. 



90 



7. Sexual misconduct and sexual assaults are forms of sexual 
harassment under Title IX contained in 20 USC § 168(a). The 
University's Title IX Coordinator is designated to assure all 
policies and procedures are properly followed. The Title IX 
Coordinator is: 

Dr. Terrence Curran 

Associate Provost 

Academic Affairs 

Campus Box 5900 
Alderman Hall 109A 
(910) 962-3876 

currant@uncw.edu 

III. DEFINITION OF TERMS 

Sexual Assault may include any non-consensual sexual act in which a person is 
threatened, coerced, or forced to engage in against his or her will or while 
temporarily or permanently incapacitated. Sexual assault may be committed by a 
stranger or by a person known by the victim. Acts defined as sexual assault 
include rape, date rape, acquaintance rape, and gang rape, but may also include 
sexual touching of another person against his or her will or without consent, and 
forcing an unwilling person to touch another person sexually. Sexual Assault 
occurs when sexual acts are committed either without consent, by force, threat, 
or intimidation, or through the use of the victim's mental or physical 
helplessness, of which the assailant was aware or should have been aware. 
Sexual Misconduct may include any attempted or actual act of non-consensual 
or forcible sexual touching. This would include, but is not limited to, fondling, 
kissing, groping, attempted intercourse (whether oral, anal or genital), or 
attempted penetration with a digit or any other object. Sexual Exploitation 
includes but is not limited to taking nonconsensual, unjust, or abusive sexual 
advantage of another for one's own advantage or benefit; or to benefit or 
advantage anyone other than the one being exploited; and that behavior does not 
otherwise constitute rape, sexual assault, or sexual harassment. Examples of 
Sexual Exploitation include, but are not limited to: prostituting another student, 
nonconsensual video or audio taping of sexual activity, going beyond the 
boundaries of consent (such as letting friends surreptitiously watch you having 
consensual sex or unauthorized distribution of photos or other materials of a 
sexual nature), engaging in voyeurism, and inducing incapacitation with the 
intent to rape or sexually assault another person or with the intent to create 
opportunity for a third party to rape or sexually assault another person. Other 
Sexual Offenses may include obscene or indecent behavior, which includes, but 
is not limited to, exposure of one's sexual organs without physically contacting 
the victim; or the display of sexual behavior that would reasonably be offensive 
to others. Sexual assault and sexual misconduct are regarded as extreme forms 



91 



of sexual harassment. Refer to Policy 02.210 for additional information on 
subsequent sexual harassment charges. 

Central to the recognition of both sexual assault and sexual misconduct is the 
definition of consent. The University defines consent as explicit approval to 
engage in sexual activity demonstrated by clear actions or words. This decision 
must be made freely, consciously, and actively by all participants, and discerned 
by the totality of the circumstances. Intoxication is not an excuse for failure to 
obtain consent. Non-verbal communication, silence, passivity, acquiescence, or 
lack of active resistance does not constitute consent on its own; neither does it 
necessarily imply consent. In addition, previous participation in sexual activity 
does not indicate current consent to participate, and consent to one form of 
sexual activity does not imply consent to another form of sexual activity. 
Consent has not been obtained in situations where the individual: 

1 . Is forced, pressured, manipulated, or has reasonable fear that the individual 
or another will be injured if the victim does not submit to the act; 

2. Is incapable of giving consent or is prevented from resisting due to physical 
or mental incapacity, which includes, but is not limited to, the influence of 
drugs or alcohol, being unconscious, asleep, or otherwise physically or 
mentally impaired; 

3. Has a mental or physical disability which inhibits or precludes his/her 
ability to give consent. 

IV. IF YOU ARE SEXUALLY ASSAULTED 

A. Get to a safe place, one that is well-lit and where there are other people, 
preferably people you know and trust. 

B. Do not bathe, douche, brush your teeth, drink, change clothing, or even 
comb your hair before seeking medical attention. It is only natural to want 
to do so, but you may be destroying physical evidence that could be needed 
later if you wish to pursue criminal charges. 

C. Call for help! People who care and who will provide you with support and 
information are available 24 hours a day via UNCW CARE at 910-512- 
4821 or at the Rape Crisis Center at 910-392-7460. Staff members at both 
centers can help you consider your reporting options, decide what to do 
next, and accompany you through the process. 

D. To report the assault, call UNCW Police at 910-962-2222 or ext. 911 on- 
campus. A student has the option to pursue a criminal complaint with the 
appropriate law enforcement agency, to pursue a complaint through the 
campus conduct process, or to pursue both processes simultaneously. See 
Sections VII and X for more information about reporting options. 

E. Get immediate medical attention. You may have injuries that you may not 
have realized occurred during the assault. 

a. Evidence collection and emergency treatment is available 24 hours 
a day at the local emergency rooms. 

b. The Abrons Student Health Center can provide students with 
immediate needs or subsequent follow-care. 



92 



c. The North Carolina Rape Victims Assistant Program and Crime 
Victims Compensation Act covers most, if not all, medical costs 
related to rape. 

F. If you wish, call a friend, family member, or other trusted person to be with 
you. 

V. PRIVACY AND CONFIDENTIALITY 

A. Confidential Resources. If a student wishes the details of an incident 
to be kept strictly confidential, they can speak to professional staff at the UNCW 
Counseling Center, the Abrons Student Health Center, or UNCW CARE. In 
addition, the Rape Crisis Center and campus ministers will honor 
confidentiality. Confidential resources may need to share otherwise confidential 
where an imminent danger to the student or another individual exists in the 
opinion of the professional staff or administrator. In addition, all University 
resources are required by North Carolina law to report abuse or neglect upon a 
child or any disabled person. 

B. Privacy and Reporting Requirements. There are a number of 
designated University officials who can provide support and assistance to a 
student who discloses sexual misconduct. These designated officials include the 
Title IX Coordinator, UNCW Police, and Office of the Dean of Students, 
Housing & Residence Life, Campus Life, Campus Recreation, Athletics, and 
UNCW faculty/staff advisors of student organizations. The above designated 
University officials are required by law to notify UNCW Police of any alleged 
sexual misconduct that occurs on designated University property. All University 
employees who receive a report of alleged sexual misconduct by a student or 
regarding a student, on or off-campus, must notify the Dean of Students or the 
Title IX Coordinator. Students' personally identifiable information will only be 
shared as necessary with as few people as possible, and all efforts will be made 
to protect their privacy consistent with applicable laws. 

i. Title IX Investigation. 

In all instances and to the extent possible, the University will protect the privacy 
of all parties to a report of sexual misconduct or sexual assault. That said, under 
federal law, campus officials (with the exception of those listed under section 
V.A. Confidential Resources, above) who receive a report of sexual assault, 
whether from the student involved or a third party, must share that information 
with the appropriate University authorities for investigation and follow-up. The 
University is obligated under the law to investigate the complaint and to take 
action to eliminate sexual harassment and sexual assault, prevent its recurrence 
and address its effects. The University may need to proceed with adjudicating 
the case at an administrative level, regardless of the wishes of the complainant, 
in those cases determined to pose a significant danger to the University 
community, including, but not limited to: cases involving significant violence, 
cases in which the University has reason to believe that the perpetrator has 
harmed more than one individual, or cases in which there is deemed to be a 



93 



threat to the campus community. The Dean of Students, as a Title IX designee, 
will determine this necessity on a case by case basis. 

In the course of the administrative investigation, information will be shared as 
necessary with people who need to know, such as investigators, witnesses, and 
the accused. A complainant's request for anonymity and/or inaction may hinder 
a response by the University 

1. Federal Statistical Reporting Obligations. 

A Confidential Notification contains information required by state law, federal 
law, and complies with the Jeanne Clery Disclosure of Campus Security Policy 
and Campus Crime Statistics Act. Designated University officials, which include 
the Title IX Coordinator, UNCW Police, Office of the Dean of Students, 
Housing & Residence Life, Campus Life, Campus Recreation, Athletics, and 
UNCW faculty/staff advisors of student organizations, will complete a 
Confidential Notification upon disclosure of a sexual assault. The Abrons 
Student Health Center, UNCW CARE, and the off -campus agencies Rape Crisis 
Center, and Domestic Violence Shelter & Services also participate in the 
Confidential Notification process. The Confidential Notification is then 
forwarded to UNCW Police where it is filed and used for compiling the UNCW 
Annual Campus Crime and Security Report and for purposes of advising the 
campus community of any potential safety risks or concerns. 

VI. CAMPUS CONDUCT SYSTEM 

Regardless of whether a victim chooses to pursue criminal prosecution, if the 
assailant is a UNCW student, the victim may file a report in the Office of the 
Dean of Students. A preliminary investigation, which may result in a hearing, 
may be conducted by an administrative hearing officer, Campus Conduct Board 
or the Committee on Extraordinary Disciplinary Emergencies. If the assailant is 
found responsible, sanctions may range from disciplinary probation to expulsion 
from the University. 

As detailed in Section V., the University may be required to initiate 
disciplinary/conduct or criminal action, regardless of whether the person who 
has been assaulted chooses to do so, if a designated University official has been 
notified of a sexual misconduct allegation. 

A. Initiation of Disciplinary Proceedings 

Any student may file a written complaint with the Office of the Dean of 
Students against any student for misconduct. The complaint must include factual 
information supporting the allegation. Anonymous charges will not be 
permitted. 

Any student charged with an infraction under this policy shall be presumed not 
responsible until proven responsible by a preponderance of evidence. 



94 



B. Preliminary Investigation 

When the Dean of Students/designee receives information that a student has 
allegedly violated the Sexual Misconduct Policy, the dean/designee shall 
investigate the alleged violation and inform the Title IX Coordinator that an 
allegation has been made. After completing a preliminary investigation, 
normally a determination of whether or not to pursue the charge(s) will be made 
within 30 calendar days. Reasonable extensions of time are permissible and 
participants will be notified in writing if any extension is needed. 
The dean/designee may: 

1 . Find no basis for the complaint and dismiss the allegation as unfounded, or 

2. Summon the accused student (respondent) for a conference (See Section II- 
2-G in the Code of Student Life) and then either dismiss the allegation, or 

3. Proceed administratively by informing the student of the following options 
for resolution of the disciplinary charges: 

a. Disagree to the charge(s) and have a regular hearing before 
Campus Conduct Board (CCB)/Committee on Extraordinary 
Disciplinary Emergencies (CEDE) where a determination of 
responsibility will be made. If the student is held responsible by 
CCB/CEDE, an appropriate sanction will be determined. 

b. Disagree to the charge(s) and request an administrative hearing 
before the Dean of Students/designee where determination of 
responsibility will be made. The dean/designee may elect not to 
hear the case. The case would then be heard by CCB/CEDE. If the 
student is held responsible by the administrative hearing officer, an 
appropriate sanction will be determined. 

c. Agree to the charge(s) and elect for CCB/CEDE to determine an 
appropriate sanction. 

d. Agree to the charge(s) and elect for an administrative hearing 
before the Dean of Students/designee to determine an appropriate 
sanction. The dean/designee may elect not to hear the case. The 
case would then be heard by CCB/CEDE. 

The appropriate hearing body will be determined at the sole discretion of the 
Dean of Students/designee. 

C. Hearing Procedure 

Hearing Procedures can be found in the following sections of the Code of 
Student Life: 

Administrative Section II-2-E 

Campus Conduct Board Section II-3-C 

Committee on Extraordinary Disciplinary Emergencies Section II-6-E 

The responsibilities of the Office of the Dean of Students to the respondent can 
be found in Section II -2 -F in the Code of Student Life. 



95 



The complainant will be offered the opportunity to have a pre-hearing meeting 
with the Dean of Students/designee. 

Both the complainant and respondent will have the opportunity to review all 
statements submitted for consideration by the administrative hearing officer, 
Campus Conduct Board or the Committee on Extraordinary Disciplinary 
Emergencies. 

During an administrative, Campus Conduct Board or Committee on 
Extraordinary Disciplinary Emergencies hearing, both the complainant and the 
respondent will be permitted to question the testimony of the other. All 
questions will be posed to the administrator or chair of the board and if the 
question is relevant and proper the chair will echo the question to be answered. 

Both the complainant and the respondent will have the right to appeal cases 
involving a violation(s) of sexual misconduct. (See Section VIII- Appeal 
Process, below). 

Pursuant to the Campus Security Act and Title IX, in cases of alleged sexual 
misconduct, the complainant and the respondent are entitled to have the same 
opportunities to have an advisor and one support person present during a 
disciplinary proceeding, neither of which may participate in any way in the 
hearing. 

Mediation is not an appropriate route to resolution of sexual misconduct cases 
and will not be used by the University to resolve sexual misconduct cases. 

Retaliation toward a student who reports sexual misconduct is strictly 
prohibited. Any act by an accused student, other students or their agents, of 
reprisal, interference, restraint, discrimination, coercion or harassment against 
any person using these procedures shall constitute a policy violation and shall be 
subject to prompt and appropriate disciplinary action. 

VII. STATEMENT OF THE RIGHTS OF VICTIMS OF 
SEXUAL ASSAULT WHO PURSUE CAMPUS CONDUCT 
ACTION 

A. The victim may request a change in living or academic arrangement 
through the Office of the Dean of Students, if reasonably available. 

B. The victim has the right to have both an advisor and one support person 
of her/his choice to accompany her/him throughout the disciplinary hearing. 
(Professional victim advocates are available to students through UNCW 
CARE and the Rape Crisis Center.) 



96 



C. The victim has the right to remain present during the entire 
proceeding, excluding deliberation. 

D. During the disciplinary hearing, testimony regarding any party's past 
sexual conduct will ordinarily not be permitted, except in those instances 
where there was a prior sexual relationship between the parties and the 
testimony may be relevant to the issue of consent. 

E. If the accused is found in violation of the Code of Student Life, the victim 
has the right to make a "victim impact statement" and to suggest an 
appropriate penalty. 

F. The victim has the right to be informed of the outcome of the hearing. 

VIII. APPEAL PROCESS 

Both the complainant and the respondent have the right to appeal in cases that 
involve violations of the sexual misconduct policy. Appeals must be filed within 
two (2) business days after notification of the original decision. Such petition 
shall be submitted to the Office of the Dean of Students and explain in detail the 
reason(s) for the student's appeal (See Section II-2-H, Section II-3-D and 
Section II-6-F). Original sanctions (with the exception of summary suspension) 
are normally put into effect only after an appellate decision has been made. 
The complainant and respondent will follow the established policy for appeals 
of Campus Conduct Board, Committee on Extraordinary Disciplinary 
Emergencies or administrative hearings. The grounds for appeal in cases 
involving sexual offenses are listed below: 
Respondent: 

A) An alleged violation of the rights guaranteed the accused has occurred; 

B) The sanction is too severe for the violation; or 

C) New evidence has developed which has bearing on the outcome. 

Complainant: 

A) An alleged violation of the rights guaranteed the complainant has occurred; 

B) The sanction did not represent the severity of the violation committed; or 

C) New evidence has developed which has bearing on the outcome. 

Appeal Procedures 

Appeal procedures can be found in the following sections of the Code of Student 
Life: 

Administrative Section II-2-H 

Campus Conduct Board Section II-3-D 

Committee on Extraordinary Disciplinary Emergencies Section II-6-F 

IX. PURSUING LEGAL ACTION 

The University encourages students to report all incidents of sexual misconduct 
or sexual assault to the police. Criminal charges stemming from sexual 
misconduct that occurs on the UNCW campus or property is in the jurisdiction 

97 



of the UNCW Police. Sexual misconduct that happens off campus would be 
investigated by the law enforcement of that jurisdiction. Most local off -campus 
cases would be in the jurisdiction of the Wilmington Police department or the 
New Hanover County Sheriffs department. 

If you are interested in pursuing legal action, you should contact UNCW Police 
at 910-962-2222, emergency 911. UNCW Police can assist students in 
identifying and contacting the appropriate law enforcement agency. Advocates 
from UNCW CARE are available to give students information about the 
criminal prosecution process, assist students in notifying appropriate law 
enforcement agencies, accompany students to interviews and court proceedings, 
and advocate on behalf of the student to off-campus agencies associated with 
criminal prosecution. 

Students can also directly contact local police agencies regarding off-campus 
sexual misconduct: 

Wilmington City Police 911 or 

910-343-3600 

New Hanover County Sheriff s Office 9 1 0-34 1 -4200 



X. RESOURCES 

University Resources 

UNCW CARE 910-962-2273or after hours at 910-512-4821 

UNCW Police 911 or 910-962-2222 

UNCW Counseling Center 9 1 0-962-3746 

Student Health Center 9 1 0-962-3280 

Office of the Dean of Students 910-962-3119 

Housing and Residence Life 910-962-3241 

Title IX Coordinator 910-962-3876 

Local Resources 

Rape Crisis Center 910-392-7460 or (800) 672-2903 

Domestic Violence Shelter & Services 910-343-0703 

New Hanover Regional Medical Center 910-343-7799 

Cape Fear Memorial Hospital 910-452-8100 



98 



DISABILITY ACCOMMODATIONS 
POLICY 04.190 



I. PURPOSE 

The University of North Carolina Wilmington is committed to providing 
reasonable accommodations to enable qualified students with documented 
disabilities to accomplish their educational goals. 

II. RESPONSIBILITY 

Reasonable accommodations are provided based on individual need as assessed 
through documentation. It is the responsibility of the student who desires a 
reasonable accommodation to notify the Disability Resource Center and to 
provide appropriate documentation. Students are not required to identify 
themselves as disabled if they do not want to avail themselves of 
accommodations. 



III. COMPLAINT & APPEAL PROCEDURES 

A. Any student who feels that he or she has been the subject of 
discrimination based on their disability or feels that the accommodations and 
services provided are inappropriate should seek resolution. The university has 
adopted internal procedures providing prompt and equitable resolution to 
disability complaints. 

B. Students with complaints concerning alleged discrimination or 
appropriate accommodation provision should make these complaints known to 
the Director of the Disability Resource Center. The Director will investigate the 
complaint and suggest solutions. Informal resolution is encouraged and should 
be attempted prior to formal filing of a grievance. The informal procedure 
affords all interested persons and their representatives an opportunity to respond 
and make modifications if necessary. If resolution is not achieved or the 
individuals involved are not satisfied with the resolution, the student may notify 
the dean of students. The dean will conduct an informal investigation and make 
recommendations as to the resolution of this complaint. This resolution is 
provided in written form and where appropriate, in a format accessible to the 
complainant. The dean of students provides the university's compliance officer 
with a detailed account of the complaint and the results of the investigation and 
recommendations . 

C. Students not satisfied with the dean of student's recommendations can 
file a formal ADA complaint with the university's compliance officer. The 
complaint should be in writing and contain information about the alleged 
discrimination such as name, address, phone number of complainant, the 
identity of the individual(s) who is the alleged offender, and location, date and 
description of the problem. (A copy of the form is included below.) Alternative 
means of filing complaints appropriate to the documented disability will be 



99 



made available. This complaint must be filed within 180 calendar days after the 
complainant becomes aware of the alleged violation. 

D. Within 15 calendar days after receipt of the complaint, the compliance 
officer will meet with the complainant to discuss the complaint and possible 
resolutions. Within 15 calendar days after the meeting, the compliance officer 
will respond in writing and, where appropriate, in a format accessible to the 
complainant. The response will explain the university's position and offer 
options for substantive resolution of the complaint. All written complaints 
received by the compliance officer and their responses will be retained for at 
least three years. 

E. The complainant shall be informed of the right to file a complaint with 
the appropriate state or federal agency. The use of the internal grievance 
procedure shall not be a prerequisite to other external remedies. Retaliation 
against a person who files a complaint of disability discrimination is prohibited 
under university policy and by state and federal law. 



ADA GRIEVANCE FORM 

Name: 

Address: 

Phone: 

Please provide a complete description of your grievance. 
Complaint: 



Please attach additional pages as needed. 

Signature: Date: 

Please return to ADA Compliance Officer, Chancellor's Office, 
Alderman Hall 110, 910-962-3160. 
TTY Relay: 1-800-735-2962 

Upon request, assistance appropriate to the documented disability will be 
provided to complete this form. 



100 



UNCW ALCOHOL POLICY 
POLICY 05.303 

Policy Regarding the Possession and Consumption of Alcoholic 
Beverages on the Campus of the University of North Carolina 
Wilmington 

(reformatted and revised July 1, 2011) 

I. PURPOSE 

The University of North Carolina Wilmington permits alcohol to be consumed 
at special activities and programs and in the privacy of residence hall rooms 
subject to applicable law. This policy is designed to promote the positive use or 
nonuse of alcoholic beverages in a responsible manner. 

II. SCOPE 

University policies concerning the possession and consumption of alcoholic 
beverages do not contravene federal, state, or municipal law regarding their 
purchase, possession or consumption. This policy is applicable to all property 
owned or leased by the university. 

III. PROHIBITED BEHAVIOR 

A. In accordance with North Carolina law, it is illegal for any person 
under 21 years of age to purchase, possess or consume, or for anyone to aid or 
abet such a person in purchasing or consuming any alcoholic beverages. 

B. Alcoholic beverages are not permitted to be sold by any person, 
organization or corporation on the campus of the university, including property 
leased by the university. 

C. It is unlawful for any person to drink alcoholic beverages or to offer a 
drink to another person or persons, whether accepted or not, on any public road 
or street, parking lot, sidewalk or other publicly owned or leased place within 
the city of Wilmington. Refer to policy statement IV. C. for the special events 
exclusion allowed for access-controlled areas. 

D. State funds and student fees collected by the university cannot be used 
to purchase alcoholic beverages. 

E. Employees of the university may not consume alcohol during regular 
working hours, unless they take leave and do not return to work. 

IV. APPROVAL AND GUIDELINES FOR UNIVERSITY 
EVENTS 

A. The use of alcoholic beverages at a university event shall be subject to 

the approval of the Chancellor or designee. 

1. The Alcohol Beverage Permit must be filed with the Associate Vice 
Chancellor - Business Services seven (7) days prior to the event. 



101 



2. An authorized representative of the UNCW department or 
sponsoring organization must sign the Alcohol Beverage Permit, 
acknowledging that all regulations stated in the Alcohol Policy are 
understood. 

B. Student events at which alcoholic beverages may be consumed can be 
held only under circumstances in which the sponsoring organization 
demonstrates reasonable means of insuring the safety of participants and 
adherence to state law. 

1 . The advisor or authorized representative to a sponsoring student 
organization must have supervised the planning. 

2. An advisor or authorized representative to a sponsoring student 
organization must be present for the entire event. 

C. Special events at which alcoholic beverages may be brought in by 
participants; e.g., athletic tailgating events, are only permitted by departments or 
department-sponsored programs, within guidelines established by the 
departmental representative, in coordination with Office of Risk Management 
and Insurance, UNCW Police, and Environmental Health and Safety, Permits 
and/or waivers will be reviewed and approved in advance by the Chancellor's 
Designee, or the Associate Vice Chancellor - Business Services, at least 14 days 
prior to the event. 

D. Consumption of alcoholic beverages is only permitted within the 
approved area designated for the event. 

1. Possession and consumption of alcoholic beverages at approved 
events on the university campus shall be restricted to areas 
which are not in the public view of students attending classes or 
students attending planned undergraduate activities, events or 
programs. Exceptions will be subject to approval of the 
Chancellor or designee. 

2. Use of an Event Manager is encouraged for events that permit 
alcohol to be served. 

3. Use of an approved Event Manager is required for events in 
which alcohol will be present, but not served by ARAMARK. 
The area must have controlled access. 

E. Consumption of alcoholic beverages during regular working hours of 
the university (e.g., 4-5 pm) is only permitted when the majority of event 
participants are not university employees. Exceptions will be subject to approval 
of the Chancellor or designee. 

F. Non-alcoholic beverages and sufficient quantities of food must be 
available at the same place as the alcoholic beverages and featured as 
prominently as the alcoholic beverages. Quantities of alcoholic beverages 
purchased for an event shall be in compliance with guidelines set forth by the 
National Institute on Alcohol Abuse and Alcoholism. 

G. Alcohol shall only be served by the university's food service 
contractor, except for events as noted in Section IV.C. 



102 



1. The university's food service contractor is responsible to ensure 
proper identification is provided at the time of the event. Only a 
governmental -issued picture ID displaying date of birth will be accepted as 
valid identification. 

2. A student, 21 years of age or older, may purchase, possess or 
consume alcohol within the approved area designated for the event, but is 
prohibited from aiding or encouraging anyone under the age of 21 to 
possess or consume alcoholic beverages on campus. 

3. Alcohol shall not be served to those exhibiting unusual 
behavior or impaired speech or motor coordination when such behavior 
appears to be the result of substance abuse. 

H. Individuals and/or sponsoring organizations or units who fail to comply 
with this policy and the guidelines for alcohol consumption on campus will be 
subject to disciplinary action. For employees, such disciplinary action would 
follow the pertinent misconduct procedures. Students who violate this policy 
will be referred to the Office of the Dean of Students for disciplinary action. 

I. The signing of the Alcohol Beverage Permit by an authorized person of 
a UNCW department or sponsoring organization acknowledges that breaking of 
this agreement may justify revocation of privileges to seek future permission to 
hold activities where alcoholic beverages can be consumed. 

J. The university shall hold any person who violates the law or any 

university policy while intoxicated fully responsible for his or her action and the 
consequences thereof. 



ALCOHOL MARKETING 
POLICY 05.304 

Statement of Principles Regarding the Marketing of Alcoholic 
Beverages on the UNCW Campus 

I. PURPOSE 

Alcohol abuse poses a serious threat to the health and welfare of a large segment 
of the college student population through acts of vandalism and property 
damage, increased incivility, automobile and other types of accidents, lessening 
of academic performance, estrangement of social relations and, in some cases, 
bodily injury, illness and death. 

Inappropriate and irresponsible marketing and promotion of alcoholic beverages 
on campus can contribute to the problems of alcohol misuse and abuse. The 
development of campus policies which protect the health and welfare of college 
students is an important responsibility of the UNCW community. Institutional 
policies, practices and regulations should form the basis of a responsible 
approach to proper management of alcohol on campus. Carefully monitoring 



103 



and setting strong guidelines regarding alcohol marketing is a proven strategy to 
aid in the creation a healthier campus environment. 

II. GUIDELINES 

The following guidelines are to govern alcohol marketing practices on the 
UNCW campus: 

1. Alcohol beverage marketing programs specifically targeted for 
students and/or held on campus should conform to the Code of Student Life and 
state law. They must avoid demeaning sexual or discriminatory portrayal of 
individuals and/or groups. 

2. Promotion of alcoholic beverages should not encourage any form 
of alcohol abuse, nor should it place emphasis on quantity and frequency of use 
(i.e. "all you can drink"). 

3. Alcoholic beverages (such as kegs or cases of beer) should not be 
provided as free awards to individual students or campus organizations. 

4. No uncontrolled sampling as part of campus marketing programs 
should be permitted and no sampling or other promotional activities should 
include "drinking contests." 

5. Promotional activities should not be associated with otherwise 
existing campus events or programs without the prior knowledge and consent of 
the Office of the Dean of Students. 

6. Display or availability of promotional materials should be 
determined by the Office of the Dean of Students in consultation with the 
Chancellor's Committee on Substance Abuse. 

7. Informational marketing programs should subscribe to the 
philosophy of responsible and legal use of the products represented. 

8. Alcoholic beverages marketers will be encouraged to support 
campus alcohol education programs that encourage informed and responsible 
decisions about the use or nonuse of beer, wine or distilled spirits. 

9. Alcoholic beverages advertising on campus or in institutional 
media, including that which promotes events as well as product advertising, 
should not portray drinking as an appropriate coping mechanism for personal or 
academic problems of students or as positively correlated with social, sexual or 
academic success. 

10. Advertising and other promotional campus activities should not 
associate beverage alcohol consumption with the performance of sports or tasks 
that require skilled reactions such as the operation of motor vehicles or 
machinery. 

1 1 . Advertisement posting for any university event when alcoholic 
beverages are served shall note the availability of non-alcoholic beverages as 
predominantly as alcohol. Alcohol should not be used as an inducement to 
participate in a campus event. 

12. Alcoholic beverages marketers are not permitted to promote their 
products on campus unless they agree to abide by the above marketing 
guidelines. The vice chancellor for student affairs, in consultation with the 



104 



Chancellor's Committee on Substance Abuse, will be responsible for 
implementing these guidelines. 

Students or student organizations cited for a violation of UNCW alcohol policies 
will be subject to the provisions outlined in the UNCW Code of Student Life. 



COMMUNICABLE DISEASE POLICY 
STATEMENT - POLICY 05.331 

I. PURPOSE 

Prompt recognition and identification is the first step in the control of any 
communicable disease, whether it is prevalent, emerging, or used for 
bioterrorism. The University of North Carolina Wilmington acknowledges the 
seriousness of this public health problem and in an effort to be prepared for and 
control communicable diseases, which affect faculty, staff, students, visitors or 
employees on campus, has developed the following policy and procedures. 

II. POLICY 

A. UNCW's Environmental Health and Safety, Human Resources and 
Student Health Services shall provide training and/or ongoing educational 
campaigns to persons about communicable diseases. 

B. Persons with communicable diseases shall not be excluded from 
enrollment or employment or restricted in their access to university facilities, 
programs or services unless a medically based judgment, in an individual case, 
establishes that exclusion or restriction is necessary for the health and safety of 
the individual or the health and safety of other members of the university 
community. 

C. Students who know, or have reasonable basis for believing, that they 
have a communicable disease are encouraged to share that information with 
clinicians in the University Counseling Center or Abrons Student Health Center, 
so that the university can respond appropriately to their health and educational 
needs. Faculty and staff who know, or have reasonable basis for believing, that 
they have a communicable disease are encouraged to share that information with 
their supervisor, health care provider, Environmental Health and Safety, Human 
Resources and Student Health Services, as appropriate, so that the university can 
respond appropriately to their health and educational needs. Any such disclosure 
shall be treated by the recipient as strictly confidential and no further disclosure 
shall be made within or without the university unless such release is made 
pursuant to provisions of law that specifically authorize or require the release of 
such information or records. 

D. Persons who know, or have reasonable basis for believing, that they 
have a communicable disease are expected to seek expert advice about their 
health circumstances and are obligated, ethically and legally, to conduct 
themselves responsibly in accordance with such knowledge for the protection of 
other members of the university community. 

105 



E. Persons who have or have been exposed to a communicable disease 
that endangers the health or others in the work place may be granted 
administrative leave for a specified period of time, as per the Leave for 
Exposure to Communication Disease Policy established by the Office of State 
Personnel. The policy can be reviewed online at: 

http://www.osp.state.nc.us/manuals/manual99/communicab 
lediseases.pdf 

HI. PROCEDURAL GUIDELINES 

A. The Chancellor's Council on Health and Wellness is responsible to 
advise the chancellor's office of campus initiatives for addressing 
communicable diseases. The council will work with other administrators, such 
as directors and department heads, to ensure that relevant information about 
communicable disease is available to all faculty, staff, and students and that 
more detailed information and personal consultation is available upon request. 

B. Printed information about communicable diseases is available in 
Environmental Health and Safety, Human Resources and Student Health 
Services (i.e. Abrons Student Health Center and Health Promotions), Student 
Recreation Center, Fisher University Union, academic buildings and residence 
halls. 

C. Faculty and staff who have knowledge of highly contagious diseases 
(i.e. meningitis, tuberculosis, SARS, etc.) shall notify the highest level 
administrator who will initiate the communication cascade which may include 
university officials and the New Hanover County Health Department for 
evaluation, treatment and preventive measures. 

D. The official university spokesperson on communicable disease shall be 
the chancellor, or designee. All inquiries from the press, from elected public 
officials, or the public, in general, are to be referred to the university 
spokesperson. 

E. No persons with a communicable disease shall, on the basis of such 
fact, be discriminated against in employment, admission, or other programs or 
services. 

F. This policy and the training, ongoing educational campaigns and 
departmental communication shall be reviewed annually. Recommendations for 
policy changes may be forwarded to the Chancellor's Council on Health and 
Wellness through the Vice Chancellor for Students Affairs and/or members of 
the council. 



106 



RESPONSIBLE USE OF ELECTRONIC 

RESOURCES 

POLICY 07.100 

The most current version of this policy can be found at the following website: 
http ://www. unc w. edu/policies/it. html 

FREEDOM OF EXPRESSION BY 
NON-UNIVERSITY SPONSORED INDIVIDUALS 
OR GROUPS 



I. PURPOSE 

The University of North Carolina Wilmington is a community which embraces 
diversity. The university supports activities that encourage tolerance, 
understanding, respect and appreciation for different points of view. The U.S. 
Constitution supports freedom of expression as a fundamental right. This 
founding principle requires not our individual agreement with contrary opinions 
and positions, but our support and commitment to the protection of every 
individual's right to express those opinions and positions. In pursuit of this goal, 
the university aspires to protect its educational mission while also protecting the 
first amendment right to free speech and expression. The granting of this 
privilege does not imply any university endorsement or support for the views 
expressed by the individual or group. 



II. POLICY 

The following policy provides standards and guidelines necessary to maintain 
the orderly and essential operation of the university. Any individual or group 
who violates the policy may lose all privileges to assemble on campus in the 
future. 



III. PROCEDURAL STANDARDS 

A. Non-university sponsored individuals and groups may be authorized to 
assemble and speak on campus between September first and November thirtieth, 
and between February first and April thirtieth, and additional dates may be 
unavailable due to the scheduling of certain campus events. 



B. Any non-university sponsored individual or group (hereafter referred to as 
"speaker") seeking the opportunity to speak on campus must register with the 
Office of the Dean of Students at least two business days prior to any activity. 



C. The speaker will be assigned to a specific area- either in front of Wagoner 
Dining Hall or in the outdoor Amphitheatre- and granted permission to assemble 
for a duration of four hours. On the day of the authorized event, the speaker may 



107 



request permission from the Associate Dean of Students to speak for up to two 
additional hours, for a total assembly time of no more than six hours on any 
particular day. Such requests will be granted, provided there is no other 
reservation for the space and there is no violation of the policy as described in 
paragraph IH.(F) below. 

D. The speaker will be required to have and submit upon request a copy of the 
registration approved by the Office of the Dean of Students. 

E. The speaker will not under any circumstances be permitted to sell items or 
solicit funds, nor use any means of sound amplification. 

F. The speaker will be allowed to continue to assemble for the full duration of 
time approved unless: 

1. university activity or operations are disrupted, or the speaker is impeding the 
flow of traffic of passersby, or 

2. university property is being damaged, or 

3. Unlawful behavior on the part of the speaker, or 

4. An imminent threat is posed to the physical safety of the speaker, a visitor, or 
a member of the university community, or 

5. The speaker incites a breach of peace. 

G. Speakers who wish to distribute written information must indicate so on their 
registration forms and may not distribute materials in a way that interferes with 
the normal flow of passersby or causes litter. 

H. If the UNCW Police Department and/or Office of the Dean of Students 
determine that a registered speaker is in violation of this policy, the speaker will 
be asked to leave campus and may be escorted from campus by the University 
Police. 



GRIEVANCE PROCEDURE 
I. PURPOSE 

If you believe that you have a legitimate grievance against another student or 
university employee in a matter other than those covered by the Grade Appeals 
Procedure or those within the jurisdiction of the University conduct system, you 
may seek a resolution of that grievance through this procedure. If your 
complaint involves an academic matter, it must be filed before the last day of the 
next regular semester; if it is not academic related, it must be filed within thirty 
(30) days of the date the alleged incident occurred or from the date of the 
consequences of the alleged incident. 



108 



II. PROCEDURAL GUIDELINES 

To initiate the procedure, first, discuss your complaint with the dean of students 
or the compliance officer who will advise you of the steps in the grievance 
process and, depending on the nature of your grievance, will direct you to the 
appropriate reviewing officer. You may make your complaint to this officer 
either orally or in writing, but this officer must record your complaint in a 
written statement identifying you, the conduct you are complaining of and the 
employee alleged to have engaged in it. In every case, the Compliance Officer 
will be given a copy of this record. 

If you seek personal redress for an alleged wrong, you must be willing to be 
identified to the person charged. If you are willing to do so, the reviewing 
officer will notify, in writing, the person charged, stating the nature of the 
complaint and indicating that an informal inquiry will be conducted. If you are 
not willing to be identified or you cease to seek personal redress, the institution 
may pursue an inquiry on the institution's behalf and in its name rather than 
yours, if it determines that such action is necessary. These latter administrative 
procedures are initiated by the institution to assure appropriate conduct by its 
employees (e.g., when the institution seeks to prevent likely recurrence of 
apparent improper conduct, even though no individual complainant wishes to 
pursue a personal grievance). 

III. FORMAL COMPLAINTS 

If your grievance cannot be resolved at an informal level, you may file a formal 
complaint with the vice chancellor who has administrative jurisdiction over the 
person named in your complaint. The vice chancellor will then convene the 
student grievance panel. This committee will hear your complaint and then make 
its recommendation to the vice chancellor, who will render the decision. 

IV. APPEAL 

If you are unsatisfied with the resolution rendered by the vice chancellor, you 
may appeal it to the chancellor, who will render the final decision. 

HURRICANE POLICY 

1 . University officials closely monitor tropical depressions, tropical storms 
and hurricanes. Detailed tracking by the Emergency Operations Group is 
begun at the first announcement of a hurricane watch. 

2. Upon announcement of a hurricane watch, students will be encouraged to 
develop plans for evacuation. 

3. Classes and other university events will be cancelled by the chancellor 
when appropriate. The university community will be informed through 
radio, television, UNCW web page, UNCW Emergency Hotline 910-962- 
3991 or 1-888-657-5751 and other communication methods when this 
decision is made. 



109 



4. University officials encourage students to drive home when the hurricane 
and weather conditions permit safe travel. Students who are not traveling 
to their permanent residences are expected to notify parents and family of 
their plans and whereabouts. 

5. In the event that a student cannot find alternate shelter for the duration of 
hurricane and recovery period, the student should be referred to the 
Office of the Dean of Students to be informed of potential options. 

6. The university will systematically evacuate all nonessential personnel 
from the campus in an orderly manner. The university will remain closed 
and access prohibited to all nonessential personnel until further notice. 

7. Hoggard Hall is the Emergency Operating Center. Food and provisions 
will be kept in the Emergency Operating Center for predetermined 
essential Emergency Operating Center officials only. 

8. Public safety personnel, maintenance workers and their supervisors will 
continue to be on duty around the clock during these storms. Campus 
officials are in constant contact with local, county and state emergency 
headquarters. 

9. University officials will resume operations as soon as it is determined that 
the university can resume its educational mission in a safe and reasonable 
manner. 

10. The university community will be informed of the reopening of the 
university through radio, television, UNCW web page, UNCW 
Emergency Hotline (910-962-3991 or 1-888-657-5751) and other 
appropriate communication methods. 



SKATEBOARDING AND ROLLERBLADING 

1 . Skateboards and rollerblades may be used as a form of transportation on 
campus. They may only be utilized on sidewalks and/or roadways. 

2. Skateboarding and rollerblading are prohibited from all other areas of 
campus including, but not limited to, the following areas: 

a. All steps 

b. All flower planters 

c. All brick patios 

d. All curbs and benches 

e. Inside all buildings 

3. Violators of this policy will: 

a. Be issued a campus citation for $25. 

b. Be charged restitution for any damages. 

c. Have their skateboards or rollerblades confiscated until the fine and 
restitution or damages are paid in full. 

4. All underage, non-university individuals found in violation of this policy 
are required to have a parent or legal guardian present to obtain their 
confiscated property. 



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PHOTO USE POLICY 

As a public university, UNC Wilmington often uses photographic and electronic 
images of public campus life, events, ceremonies and other activities to advance 
the mission of the institution. 

Students, faculty, staff members and guests of the university may be identified 
or photographed for publication, broadcast, transmission and/or electronic 
display by the university. The photographs may also be made available to state, 
regional, national and international news agencies and media outlets. The 
images are not published for commercial purposes and do not violate the privacy 
of any individual or group. 

By registering at, visiting or being employed by UNCW and being present in 
public settings, you authorize the use and reproduction by the university, or 
anyone authorized by the university, to any photographs taken while at UNCW, 
without compensation. All negative and positives, photographic prints and 
digital photo files shall constitute UNCW property, solely and completely. 



Ill 



UNCW 

STATE & FEDERAL LAW 



112 



STATE LAW 



I. DRUG LAW (printed in part) 

NORTH CAROLINA GENERAL STATUTE 90-95(A) 

(a) Except as authorized by this Article, it is unlawful for any person: 

1) To manufacture, sell or deliver, or possess with intent to manufacture, sell 
or deliver, a controlled substance; 

2) To create, sell or deliver, or possess with intent to sell or deliver a 
counterfeit controlled substance; 

3) To possess a controlled substance. 

NORTH CAROLINA GENERAL STATUTE 90-113.22 
POSSESSION OF DRUG PARAPHERNALIA 

(a) It is unlawful for any person to knowingly use, or to possess with intent to 
use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, 
manufacture, compound, convert, produce, process, prepare, test, analyze, 
package, repackage, store, contain, or conceal a controlled substance which 
it would be unlawful to possess, or to inject, ingest, inhale, or otherwise 
introduce into the body a controlled substance which it would be unlawful 
to possess. 

(b) Violation of this section is a Class 1 misdemeanor (1981, c. 500, s. 1; 1993, 
c. 539, s. 624; 1994, Ex. Sess., c. 24, s. 14 (c).) 

II. STATE POLICY ON FIREARMS OR OTHER WEAPONS 
ON UNIVERSITY PROPERTY 

NORTH CAROLINA GENERAL STATUTE 14-269.2 
EFFECTIVE DEC. 1, 1993 

Weapons on campus or other educational property, makes it unlawful for 
any person to possess or carry, or to cause, encourage, or aid a minor who 
is less than 18 years old to possess or carry, whether openly or concealed, 
any gun, rifle, pistol, or other firearm of any kind or any dynamite 
cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 
14-284.1 or any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, 
dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic 
knuckles, razors and razor blades (except solely for personal shaving), 
firework, or any sharp -pointed or edged instrument except instructional 
supplies, unaltered nail files and clips and tools used solely for 
preparation of food, instruction, and maintenance, on educational 
property or to a curricular or extracurricular activity sponsored by a 
school. 

This statute does not apply to military and law enforcement personnel, 
firefighters, emergency service personnel, or North Carolina Forest- 
Service personnel, when acting in the discharge or their official duties 



113 



and home schools as defined in G.S. 115C-563(a), and weapons used 
solely for educational or school-sanctioned ceremonial purposes or used 
in a school-approved program conducted under the supervision of an 
adult whose supervision has been approved by the school authority. 

Violations may be Class I and G felonies or Class 1 misdemeanors. 

HI. POLICIES REGARDING FIRE LAWS 

NORTH CAROLINA GENERAL STATUTE 14-60 

BURNING OF SCHOOL HOUSES OR BUILDINGS OF 

EDUCATIONAL INSTITUTIONS 

If any person shall wantonly and willfully set fire to or burn or cause to 
be burned or aid, counsel or procure the burning of, any schoolhouse or 
building owned, leased or used by any public or private school, college or 
educational institution, he shall by punished as a Class F felon. (1901, c. 
4, s. 28; Rev., s. 3345; 1919, c. 70; C.S., s. 4240; 1965, c. 870; 1971, c. 
816, s. 2; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 
1; c. 179, s. 14; 1993, c. 539, s. 1158; 1994, Ex. Sess., c. 24, s. 14(c).) 

NORTH CAROLINA GENERAL STATUTE 14-286 

GIVING FALSE FIRE ALARMS; MOLESTING FIRE-ALARM, 

FIRE-DETECTION OR FIRE-EXTINGUISHING SYSTEM 

It shall be unlawful for any person or persons to wantonly and willfully 
give or cause to be given, or to advise, counsel, or aid and abet anyone in 
giving, a false alarm of fire, or to break the glass key protector, or to pull 
the slide, arm, or lever of any station or signal box of any fire-alarm 
system, except in case of fire, or willfully misuse or damage a portable 
fire extinguisher, or in any way to willfully interfere with, damage, 
deface, molest, or injure any part or portion of any fire-alarm, fire- 
detection, smoke-detection or fire-extinguishing system. Any person 
violating any of the provisions of this section shall be guilty of a Class 2 
misdemeanor. (1921, c. 46; C.S., s. 4426(a); 1961, c. 594; 1969, c. 1224, 
s. 5; 1975, c. 346; 1993, c. 539, s. 182; 1994, Ex. Sess., c. 24, s. 14(c).) 

IV. HAZING LAW 

NORTH CAROLINA GENERAL STATUTE 14-35. 
HAZING; DEFINITION AND PUNISHMENT 

It is unlawful for any student in attendance at any university, college, or 
school in this State to engage in hazing, or to aid or abet any other student 
in the commission of this offense. For the purposes of this section hazing 
is defined as follows: "to subject another student to physical injury as part 
of an initiations, or as a prerequisite to membership, into any organized 
school group, including any society, athletic team, fraternity or sorority, 
or other similar group." Any violation of this section shall constitute a 
Class 2 misdemeanor. (Effective December 1, 2003). 

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NORTH CAROLINA GENERAL STATUTE 14-36. 
REPEALED 



NORTH CAROLINA GENERAL STATUTE 14-37 
REPEALED BY SESSION LAWS 1979, C. 7, S. 1. 

NORTH CAROLINA GENERAL STATUTE 14-38 

WITNESSES IN HAZING TRIALS; NO INDICTMENT TO BE 

FOUNDED ON SELF-CRIMINATING TESTIMONY 

In all trials for the offense of hazing any student or other person 
subpoenaed as a witness in behalf of the State shall be required to testify 
if called upon to do so: Provided, however, that no student or other person 
so testifying shall be amenable or subject to indictment on account of, or 
by reason of, such testimony. (1913, c. 169, s. 8; C.S. s. 4220.) 

V. POLICY REGARDING DISORDERLY CONDUCT 
NORTH CAROLINA GENERAL STATUTE 14-288.4 

Disorderly conduct is a public disturbance intentionally caused by any 
person who: 

1. Engages in fighting or other violent conduct or in conduct creating the 
threat of imminent fighting or other violence; or 

2. Makes or uses any utterance, gesture, display or abusive language which is 
intended and plainly likely to provoke violent retaliation and thereby cause 
a breach of the peace; or 

3. Takes possession of, exercises control over, or seizes any building or 
facility of any public or private educational institution without the specific 
authority of the chief administrative officer of the institution, or his 
authorized representative; or 

4. Refuses to vacate any building or facility of any public or private 
educational institution in obedience to: 

a. An order of the chief administrative officer of the 
institution, or his authorized representative; who shall 
include for colleges and universities the vice chancellor for 
student affairs or his/her equivalent for the institution, the 
dean of students or his/her equivalent for the institution, the 
director of the law enforcement or security department for 
the institution, and the chief of the law enforcement or 
security department for the institution; or 

b. An order given by any fireman or public health officer 
acting within the scope of his/her authority; or 

c. If a state of emergency is occurring or is imminent within 
the institution, an order given by any law enforcement 
officer acting within the scope of his/her authority; or 



115 



5. Shall, after being forbidden to do so by the chief administrative officer or 
his authorized representative, of any public or private educational 
institution; 

a. Engage in any sitting, kneeling, lying down, or inclining so 
as to obstruct the ingress or egress of any person entitled to 
the use of any building or facility of the institution in its 
normal and intended use; or 

b. Congregate, assemble, form groups or formations (whether 
organized or not), block, or in any manner otherwise 
interfere with the operation or functioning of any building 
or facility of the institution so as to interfere with the 
customary or normal use of the building or facility; 

6. Disrupts, disturbs, or interferes with the teaching of students at any public 
or private educational institution or engages in conduct which disturbs the 
peace, order or discipline at any public or private educational institution or 
on the groups adjacent thereto. 

7. Disrupts, disturbs or interferes with a religious service or assembly or 
engages in conduct which disturbs the peace or order at any religious 
service or assembly. 

As used in this section the term "building or facility" includes the 
surrounding grounds and premises of any building or facility used in 
connection with the operation or functioning of such building or facility. 
Any person who willfully engages in disorderly conduct is guilty of a 
Class 2 misdemeanor. (1969, c. 869, s. 1; 1971, c. 668, s. 1; 1973, c. 
1347; 1975, c. 19, s. 4; 1983, c. 39, s. 5; 1987, c. 671, s. 1; 1993, c. 539, s. 
189; 1994, Ex Sess., c. 24, s. 14(C); 2001-26, s. 2.) 

VI. STATE POLICY ON POSSESSION/MANUFACTURE OF 
CERTAIN FRAUDULENT FORMS OF IDENTIFICATION 
NORTH CAROLINA GENERAL STATUTE 14-100.1 

(a) Except as otherwise made unlawful by G.S, 20-30, it shall be unlawful for 
any person to knowingly possess or manufacture a false or fraudulent form 
of identification as defined in this section for the purpose of deception, 
fraud, or other criminal conduct. 

(b) Except as otherwise made unlawful by G.S. 20-30, it shall be unlawful for 
any person to knowingly obtain a form of identification by the use of false, 
fictitious, or fraudulent information. 

(c) Possession of a form of identification obtained in violation of subsection (b) 
of this section shall constitute a violation of subsection (a) of this section. 

(d) For purposes of this section, a "form of identification" means any of the 
following or any replica thereof: 

(1) An identification card containing a picture, issued by any 
department, agency or subdivision of the State of North 
Carolina, the Federal Government, or any other state 



116 



(2) A military identification card containing a picture. 

(3) A passport. 

(4) An alien registration card containing a picture. 

(e) A violation of this section shall be punished as a Class 1 misdemeanor. 
(2001-461, s. 1; 2001-487, s. 42(a).) 

VII. STALKING 

NORTH CAROLINA GENERAL STATUTE 14-277.3 

(a) Offense - A person commits the offense of stalking if the person willfully 
on more than one occasion follows or is in the presence of, or otherwise 
harasses, another person without legal purpose and with the intent to do any 
of the following: 

(1) Place that person in reasonable fear either for the person's 
safety or the safety of the person's immediate family or 
close personal associates. 

(2) Cause that person to suffer substantial emotional distress 
by placing that person in fear of death, bodily injury, or 
continued harassment, and that in fact causes that person 
substantial emotional distress. 

(b) Classification - A violation of this section is a Class Al misdemeanor. A 
person convicted of a Class Al misdemeanor under this section, who is 
sentenced to a community punishment, shall be placed on supervised 
probation in addition to any other punishment imposed by the court. A 
person who commits the offense of stalking when there is a court order in 
effect prohibiting similar behavior by that person is guilty of a Class H 
felony. A person who commits the offense of stalking after having been 
previously convicted of a stalking offense is guilty of a Class F felony. 

(c) Definition - For the purposes of this section, the term "harasses" or 
"harassment" means knowing conduct, including written or printed 
communication or transmission, telephone or cellular or other wireless 
telephonic communication, facsimile transmission, pager messages or 
transmissions, answering machine or voice mail messages or transmissions, 
and electronic mail messages or other computerized or electronic 
transmissions, directed at a specific person that torments, terrorizes, or 
terrifies that person and that serves no legitimate purpose. (1991 (Reg. 
Sess., 1992), c. 804, s. 1; 1993, c. 539, s. 173; 1994, Ex. Sess., c. 24, s. 
14(c); 1997-306, s. 1; 2001-518, s. 1; 2003-181, s. 1.) 

VIII. CYBERSTALKING 

NORTH CAROLINA GENERAL STATUTE 14-196.3. 

(a) The following definitions apply in this section: 

(1) Electronic communication. - Any transfer of signs, signals, 
writing, images, sounds, data, or intelligence of any nature, 
transmitted in whole or in part by a wire, radio, computer, 
electromagnetic, photoelectric, or photo-optical system. 

117 



(2) Electronic mail. - The transmission of information or 

communication by the use of the Internet, a computer, a facsimile 
machine, a pager, a cellular telephone, a video recorder, or other 
electronic means sent to a person identified by a unique address or 
address number and received by that person. 

(b) It is unlawful for a person to: 

(1) Use in electronic mail or electronic communication any words or 
language threatening to inflict bodily harm to any person or to that 
person's child, sibling, spouse, or dependent, or physical injury to 
the property of any person, or for the purpose of extorting money 
or other things of value from any person. 

(2) Electronically mail or electronically communicate to another 
repeatedly, whether or not conversation ensues, for the purpose of 
abusing, annoying, threatening, terrifying, harassing, or 
embarrassing any person. 

(3) Electronically mail or electronically communicate to another and to 
knowingly make any false statement concerning death, injury, 
illness, disfigurement, indecent conduct, or criminal conduct of the 
person electronically mailed or of any member of the person's 
family or household with the intent to abuse, annoy, threaten, 
terrify, harass, or embarrass. 

(4) Knowingly permit an electronic communication device under the 
person's control to be used for any purpose prohibited by this 
section. 

(c) Any offense under this section committed by the use of electronic mail or 
electronic communication may be deemed to have been committed where 
the electronic mail or electronic communication was originally sent, 
originally received in this State, or first viewed by any person in this 
State. 

(d) Any person violating the provisions of this section shall be guilty of a 
Class 2 misdemeanor. 

(e) This section does not apply to any peaceable, nonviolent, or 
nonthreatening activity intended to express political views or to provide 
lawful information to others. This section shall not be construed to impair 
any constitutionally protected activity, including speech, protest, or 
assembly. (2000-125, s. 1; 2000-140, s. 91.) 



IX. FINANCIAL TRANSACTION CARD CRIME ACT 
NORTH CAROLINA GENERAL STATUTE 14-113.8 

The following words and phrases as used in this Chapter, unless a 
different meaning is plainly required by the context, shall have the 
following meanings: 
(1) Acquirer - "Acquirer" means a business organization, financial institution, 
or an agent of a business organization or financial institution that authorizes 



118 



a merchant to accept payment by financial transaction card for money, 
goods, services or anything else of value, 
(la) Automated Banking Device - "Automated banking device" means any 
machine which when properly activated by a financial transaction card 
and/or personal identification code may be used for any of the purposes for 
which a financial transaction card may be used. 

(2) Cardholder - "Cardholder" means the person or organization named on the 
face of a financial transaction card to whom or for whose benefit the 
financial transaction card is issued by an issuer. 

(3) Expired Financial Transaction Card - "Expired financial transaction card" 
means a financial transaction card which is no longer valid because the term 
shown on it has elapsed. 

(4) Financial Transaction Card - "Financial transaction card" or "FTC" means 
any instrument or device whether known as a credit card, credit plate, bank 
services card, banking card, check guarantee card, debit card, or by any 
other name, issued with or without fee by an issuer for the use of the 
cardholder: 

(a) In obtaining money, goods, services, or anything else or 
value on credit; 

(b) In certifying or guaranteeing to a person or business the 
availability to the cardholder of funds on deposit that are 
equal to or greater than the amount necessary to honor a 
draft or check payable to the order of such person or 
business; or 

(c) In providing the cardholder access to demand deposit 
account or time deposit account for the purpose of: 

1 . Making deposits of money or checks therein; or 

2. Withdrawing funds in the form of money, money 
orders, or traveler's checks there from; or 

3. Transferring funds from any demand deposit account 
or time deposit account to any other demand deposit 
account or time deposit account; or 

4. Transferring funds from any demand deposit account 
or time deposit account to any credit card accounts, 
overdraft privilege accounts, loan accounts, or any 
other credit accounts in full or partial satisfaction of 
any outstanding balance owed existing therein; or 

5. For the purchase of goods, services, or anything else 
of value; or 

6. Obtaining information pertaining to any demand 
deposit account or time deposit account; 

(d) But shall not include a telephone number, credit number, or 
other credit device which is covered by the provisions of 
article 19A of this Chapter. 



119 



(5) Issuer - "Issuer" means the business organization or financial institution or 
its duly authorized agent which issues a financial transaction card. 

(6) Personal Identification Code - "Personal identification code" means a 
numeric and/or alphabetical code assigned to the cardholder of a financial 
transaction card by the issuer to permit authorized electronic use of the 
FTC. 

(7) Presenting - "Presenting" means, as used herein, those actions taken by a 
cardholder or any person to introduce a financial transaction card into an 
automated banking device, including utilization of a personal identification 
code, or merely displaying or showing a financial transaction card to the 
issuer, or to any person or organization providing money, goods, services, 
or anything else of value, or any other entity with intent to defraud. 

(8) Receives - "Receives" or "receiving" means acquiring possession or control 
or accepting a financial transaction card as security for a loan. 

(9) Revoked Financial Transaction Card - "Revoked financial transaction card" 
means a financial transaction card which is no longer valid because 
permission to use it has been suspended or terminated by the issuer. 

(10) Scanning Device - "Scanning device" means a scanner, reader, or any other 
device that is used to access, read, scan, obtain, memorize, or store, 
temporarily or permanently, information encoded on a financial transaction 
card. (1967, c. 1244, s. 2; 1971, c. 1213, s. 4; 1979, c. 741, s. 1; 1989, c. 
161, s. 1; 2002-175, s. 2) 

X. FINANCIAL TRANSACTION CARD THEFT 

NORTH CAROLINA GENERAL STATUTE 14-113.9 

(a) A person is guilty of financial transaction card theft when the person does 
any of the following: 

(1) Takes, obtains or withholds a financial transaction card 
from the person, possession, custody or control of another 
without the cardholder's consent and with the intent to use 
it or sell it, or transfer if to a person other than the issuer or 
the cardholder. 

(2) Receives a financial transaction card that he knows to have 
been lost, mislaid, or delivered under a mistake as to the 
identity or address of the cardholder, and who retains 
possession with the intent to use it or to sell it or to transfer 
it to a person other than the issuer or the cardholder. 

(3) Not being the issuer, sells a financial transaction card or 
buys a financial transaction card from a person other than 
the issuer. 

(4) Not being the issues, during any 12-month period, receives 
financial transaction cards issued in the names of two or 
more persons which he has reason to know were taken or 
retained under circumstances which constitute a violation 



120 



of G.S. 14-113.13 (a)(3) and subdivision (3) of subsection 
(a) of this section. 
(5) With the intent to defraud any person, either (i) uses a 
scanning device to access, read, obtain, memorize, or store, 
temporarily or permanently, information encoded on 
another person's financial transaction card, or (ii) receives 
the encoded information from another person's financial 
transaction card. 

(b) Credit card theft is punishable as provided by G.S. 14-1 13. 17(b). (1967, c 
1244, s. 2; 1979, c 741, s. 1; c. 760, s. 5; 1979, 2 nd Sess., c. 1316, s. 47; 
1981, c. 63, s. 1; c. 179, s. 14; 2002-175, s. 3.) 

XI. ASSAULT INFLICTING SERIOUS BODILY INJURY; 
STRANGULATION; PENALTIES 
NORTH CAROLINA GENERAL STATUTE 14-32.4 

(a) Unless the conduct is covered under some other provision of law providing 
greater punishment, any person who assaults another person and inflicts 
serious bodily injury is guilty of a Class F felony. "Serious bodily injury" is 
defined as bodily injury that creates a substantial risk of death, or that 
causes serious permanent disfigurement, coma, a permanent or protracted 
condition that causes extreme pain, or permanent or protracted loss or 
impairment of the function of any bodily member or organ, or that results in 
prolonged hospitalization. 

(b) Unless the conduct is covered under some other provision of law providing 
greater punishment, any person who assaults another person and inflicts 
physical injury by strangulation is guilty of a Class H felony. 

FEDERAL LAW 

I. SUPPLEMENT I: TITLE IX OF THE EDUCATION 
AMENDMENTS OF 1972, AS AMENDED* 
SEX DISCRIMINATION PROHIBITED 

Sec. 901. (a) No person in the United States shall, on the basis of sex, be 
excluded from participation in, be denied the benefits of, or be subjected 
to discrimination under any education program or activity receiving 
Federal financial assistance, except that: 
6) This section shall not apply to membership practices— 

(A) of a social fraternity of social sorority which is exempt 
from taxation under Section 501(a) of the Internal Revenue 
Code of 1954, the active membership of which consists 
primarily of students in attendance at an institution of 
higher education. 
*P.I. 92-318 (1972) and P.I. 93-568 (1974) 



121 



UNCW 

SUBSTANCE ABUSE 
HANDBOOK 



122 



PHILOSOPHY 



Dear UNCW Faculty, Staff and Students: 

Substance abuse is one of the most challenging issues facing societies today, 
responsible for lost lives, potential, time, and money. Substance abuse among 
college students, in particular, has garnered the attention of the public and the 
media in the U.S. UNCW has been systematically addressing this challenge for 
over twenty-five years by working with the campus and surrounding community. 
Therefore, we have compiled this handbook to assist you in gathering 
information about alcohol and other drugs and the problems and concerns 
associated with their use and abuse. 

When dealing with these substance abuse issues, we do not want to just react; 
instead, we want to move rapidly in delivering accurate information so that 
members of our community can make healthy choices concerning their use of 
alcohol and other drugs. For those who may have problems related to drug use 
we will be responsive to their needs through assessment, counseling and referral 
to other agencies when advisable. You will find in this handbook an outline of 
university policy, procedure and programming in addition to state and federal 
laws that pertain to alcohol and other controlled substances. 

I hope that you will read the information that is enclosed and that you will 
support our promotion of low-risk, healthy choices concerning the use of 
alcohol and other drugs. We, at UNCW, will continue to emphasize the 
prevention of drug abuse and stress education in an effort to increase awareness 
and further knowledge. In addition, we will provide intervention and treatment 
services when necessary. All members of this academic community (students, 
staff, and faculty) share the responsibility for protecting the environment by 
exemplifying high standards of professional and personal conduct. 

Sincerely, 

Patricia L. Leonard 

Vice Chancellor for Student Affairs 



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POLICIES 



UNCW ALCOHOL POLICY 
POLICY 05.303 

Policy Regarding the Possession and Consumption of Alcoholic 
Beverages on the Campus of the University of North Carolina 
Wilmington 

(reformatted and revised July 1, 2011) 

I. PURPOSE 

The University of North Carolina Wilmington permits alcohol to be consumed 
at special activities and programs and in the privacy of residence hall rooms 
subject to applicable law. This policy is designed to promote the positive use or 
nonuse of alcoholic beverages in a responsible manner. 

II. SCOPE 

University policies concerning the possession and consumption of alcoholic 
beverages do not contravene federal, state, or municipal law regarding their 
purchase, possession or consumption. This policy is applicable to all property 
owned or leased by the university. 

III. PROHIBITED BEHAVIOR 

A. In accordance with North Carolina law, it is illegal for any person under 
21 years of age to purchase, possess or consume, or for anyone to aid or 
abet such a person in purchasing or consuming any alcoholic beverages. 

B. Alcoholic beverages are not permitted to be sold by any person, 
organization or corporation on the campus of the university, including 
property leased by the university. 

C. It is unlawful for any person to drink alcoholic beverages or to offer a 
drink to another person or persons, whether accepted or not, on any 
public road or street, parking lot, sidewalk or other publicly owned or 
leased place within the city of Wilmington. Refer to policy statement 
IV. C. for the special events exclusion allowed for access-controlled areas. 

D. State funds and student fees collected by the university cannot be used to 
purchase alcoholic beverages. 

E. Employees of the university may not consume alcohol during regular 
working hours, unless they take leave and do not return to work. 

IV. APPROVAL AND GUIDELINES FOR UNIVERSITY 
EVENTS 

A. The use of alcoholic beverages at a university event shall be subject to the 
approval of the Chancellor or designee. 



124 



1 . The Alcohol Beverage Permit must be filed with the Associate 
Vice Chancellor - Business Services seven (7) days prior to the 
event. 

2. An authorized representative of the UNCW department or 
sponsoring organization must sign the Alcohol Beverage 
Permit, acknowledging that all regulations stated in the Alcohol 
Policy are understood. 

B. Student events at which alcoholic beverages may be consumed can be 
held only under circumstances in which the sponsoring organization 
demonstrates reasonable means of insuring the safety of participants and 
adherence to state law. 

1. The advisor or authorized representative to a sponsoring 
student organization must have supervised the planning. 

2. An advisor or authorized representative to a sponsoring student 
organization must be present for the entire event. 

C. Special events at which alcoholic beverages may be brought in by 
participants; e.g., athletic tailgating events, are only permitted by 
departments or department-sponsored programs, within guidelines 
established by the departmental representative, in coordination with 
Office of Risk Management and Insurance, UNCW Police, and 
Environmental Health and Safety, Permits and/or waivers will be 
reviewed and approved in advance by the Chancellor's Designee, or the 
Associate Vice Chancellor - Business Services, at least 14 days prior to 
the event. 

D. Consumption of alcoholic beverages is only permitted within the 
approved area designated for the event. 

1. Possession and consumption of alcoholic beverages at approved 
events on the university campus shall be restricted to areas 
which are not in the public view of students attending classes or 
students attending planned undergraduate activities, events or 
programs. Exceptions will be subject to approval of the 
Chancellor or designee. 

2. Use of an Event Manager is encouraged for events that permit 
alcohol to be served. 

3. Use of an approved Event Manager is required for events in 
which alcohol will be present, but not served by ARAMARK. 
The area must have controlled access. 

E. Consumption of alcoholic beverages during regular working hours of the 
university (e.g., 4-5 pm) is only permitted when the majority of event 
participants are not university employees. Exceptions will be subject to 
approval of the Chancellor or designee. 

F. Non-alcoholic beverages and sufficient quantities of food must be 
available at the same place as the alcoholic beverages and featured as 
prominently as the alcoholic beverages. Quantities of alcoholic 



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beverages purchased for an event shall be in compliance with guidelines 
set forth by the National Institute on Alcohol Abuse and Alcoholism. 

G. Alcohol shall only be served by the university's food service contractor, 
except for events as noted in Section IV. C. 

1. The university's food service contractor is responsible to ensure 
proper identification is provided at the time of the event. Only a 
governmental-issued picture ID displaying date of birth will be 
accepted as valid identification. 

2. A student, 21 years of age or older, may purchase, possess or 
consume alcohol within the approved area designated for the 
event, but is prohibited from aiding or encouraging anyone 
under the age of 21 to possess or consume alcoholic beverages 
on campus. 

3. Alcohol shall not be served to those exhibiting unusual 
behavior or impaired speech or motor coordination when such 
behavior appears to be the result of substance abuse. 

H. Individuals and/or sponsoring organizations or units who fail to comply 
with this policy and the guidelines for alcohol consumption on campus will 
be subject to disciplinary action. For employees, such disciplinary action 
would follow the pertinent misconduct procedures. Students who violate 
this policy will be referred to the Office of the Dean of Students for 
disciplinary action. 

I. The signing of the Alcohol Beverage Permit by an authorized person of a 
UNCW department or sponsoring organization acknowledges that breaking 
of this agreement may justify revocation of privileges to seek future 
permission to hold activities where alcoholic beverages can be consumed. 

J. The university shall hold any person who violates the law or any university 
policy while intoxicated fully responsible for his or her action and the 
consequences thereof. 

ALCOHOL MARKETING 
POLICY 05.304 

Statement of Principles Regarding the Marketing of Alcoholic 
Beverages on the UNCW Campus 

I. PURPOSE 

Alcohol abuse poses a serious threat to the health and welfare of a large segment 
of the college student population through acts of vandalism and property 
damage, increased incivility, automobile and other types of accidents, lessening 
of academic performance, estrangement of social relations and, in some cases, 
bodily injury, illness and death. 

Inappropriate and irresponsible marketing and promotion of alcoholic beverages 
on campus can contribute to the problems of alcohol misuse and abuse. The 

126 



development of campus policies which protect the health and welfare of college 
students is an important responsibility of the UNCW community. Institutional 
policies, practices and regulations should form the basis of a responsible 
approach to proper management of alcohol on campus. Carefully monitoring 
and setting strong guidelines regarding alcohol marketing is a proven strategy to 
aid in the creation a healthier campus environment. 

II. GUIDELINES 

The following guidelines are to govern alcohol marketing practices on the 
UNCW campus: 

1 . Alcohol beverage marketing programs specifically targeted for 
students and/or held on campus should conform to the Code of 
Student Life and state law. They must avoid demeaning sexual or 
discriminatory portrayal of individuals and/or groups. 

2. Promotion of alcoholic beverages should not encourage any form 
of alcohol abuse, nor should it place emphasis on quantity and 
frequency of use (i.e. "all you can drink"). 

3. Alcoholic beverages (such as kegs or cases of beer) should not be 
provided as free awards to individual students or campus 
organizations. 

4. No uncontrolled sampling as part of campus marketing programs 
should be permitted and no sampling or other promotional 
activities should include "drinking contests." 

5. Promotional activities should not be associated with otherwise 
existing campus events or programs without the prior knowledge 
and consent of the Office of the Dean of Students. 

6. Display or availability of promotional materials should be 
determined by the Office of the Dean of Students in consultation 
with the Chancellor's Committee on Substance Abuse. 

7. Informational marketing programs should subscribe to the 
philosophy of responsible and legal use of the products 
represented. 

8. Alcoholic beverages marketers will be encouraged to support 
campus alcohol education programs that encourage informed and 
responsible decisions about the use or nonuse of beer, wine or 
distilled spirits. 

9. Alcoholic beverages advertising on campus or in institutional 
media, including that which promotes events as well as product 
advertising, should not portray drinking as an appropriate coping 
mechanism for personal or academic problems of students or as 
positively correlated with social, sexual or academic success. 

10. Advertising and other promotional campus activities should not 
associate beverage alcohol consumption with the performance of 
sports or tasks that require skilled reactions such as the operation 
of motor vehicles or machinery. 



127 



1 1 . Advertisement posting for any university event when alcoholic 
beverages are served shall note the availability of non-alcoholic 
beverages as predominantly as alcohol. Alcohol should not be used 
as an inducement to participate in a campus event. 

12. Alcoholic beverages marketers are not permitted to promote their 
products on campus unless they agree to abide by the above 
marketing guidelines. The vice chancellor for student affairs, in 
consultation with the Chancellor's Committee on Substance 
Abuse, will be responsible for implementing these guidelines. 

Students or student organizations cited for a violation of UNCW alcohol policies 
will be subject to the provisions outlined in the UNCW Code of Student Life 
Section II -2. 

UNCW POLICY ON ILLEGAL DRUGS 
POLICY 04.110 

I. PURPOSE 

The fundamental purpose of the university is to maintain an environment that 
supports and encourages the pursuit and dissemination of knowledge. That 
environment is damaged by illegal drug use. Therefore, all members of the 
academic community, students, faculty, administrators and other university 
employees, share the responsibility for protecting the environment by 
exemplifying high standards of professional and personal conduct. 

II. POLICY AND PROGRAM 

A. The illegal use, possession, sale, delivery and/or manufacture of drugs 
will not be tolerated and may be grounds for immediate suspension or 
dismissal of students, faculty, administrators and other university 
employees. 

B. University policies and programs are intended to emphasize: 

1. The incompatibility of the use or sale of illegal drugs with the 
goals of the university. 

2. The legal consequences of involvement with illegal drugs. 

3. The medical implications of the use of illegal drugs. 

4. The ways in which illegal drugs jeopardize an individual's 
present accomplishments and future opportunities. 

C. The university provides a systematic substance abuse education and 
prevention program designed to reach all segments of the campus 
community. To assist in accomplishing this mission, CROSSROADS: 
Substance Abuse Prevention and Education Program, has developed a 
well-integrated, centralized program that is a focal point for campus 
substance abuse education, training and prevention, which monitors the 



128 



effectiveness of programs for constituencies served. The Counseling 
Center provides substance abuse counseling and referral services for 
students and provides consultation to students, faculty and staff. 

III. EDUCATION 

The university provides a program of education designed to help all members of 
the university community avoid abuse of illegal drugs. Education programs: 

A. Provide a system of accurate, current information exchange on the health 
risks and symptoms of drug use for students, faculty and staff. 

B. Promote and support institutional programming that discourages substance 
abuse. 

C. Establish collaborative relationships between community groups and 
agencies and the institution for education, treatment and referral. 

D. Provide training programs for students, faculty and staff to enable them to 
detect problems related to drug use, and to refer persons with these 
problems for appropriate assistance. 

E. Include information about drugs for students and family members in the 
student orientation programs. The use of prescription and over-the-counter 
drugs will be addressed. 

F. Support and encourage faculty in incorporating education about drugs into 
the curriculum where appropriate. 

G. Develop a coordinated effort across campus for drug related education, 
treatment and referral. 

IV. COUNSELING AND REHABILITATION 

A. The university provides information about drug counseling and 
rehabilitation services to members of the university community. Persons 
who voluntarily avail themselves of university services can be assured 
that applicable professional standards of confidentiality will be observed. 
Counseling and rehabilitation services include: 

1. Training for professional staff and student staff on drug abuse 
information, intervention and referral. 

2. Education programs for students who have demonstrated 
abusive behavior with drugs. 

3. Assessment, counseling and referrals for students. 

4. Consultation, information and referrals for students, staff and 
faculty. 

B. In providing the above strategies, it is recognized that some campus 
constituents may prefer professional assistance external to the campus. 
Therefore, CROSSROADS: Substance Abuse Prevention and Education 
Program will collaborate with the Counseling Center in the development 
of appropriate referral mechanisms for these individuals. A listing of off- 
campus resources for assistance and referral is available for those who 
choose that option. In the development of this program, it is desired that 
faculty, students, administrators and other employees be comfortable in 

129 



the manner in which they are served and have a choice in the selection of 
appropriate assistance. Individuals served in the Counseling Center on 
campus can be assured that applicable confidentiality will be maintained. 

V. ENFORCEMENT AND PENALTIES 

A. ENFORCEMENT 

In seeking to enforce established university policy, the university will: 

1. Publicize all drug policies. 

2. Consistently enforce drug policies. 

3. Exercise appropriate disciplinary action for drug policy 
violations. 

B. PENALTIES 

The university shall take actions necessary, consistent with state and 
federal law and applicable university policy to eliminate illegal drugs 
from the university community. University policy on illegal drugs is 
publicized in the university catalog, student and faculty handbooks, 
student orientation materials, on-line resources, letters to students and 
parents, residence hall meetings and faculty and employee meetings. 

Students and faculty members, administrators and other employees are 
responsible as citizens for knowing about and complying with the 
provisions of the North Carolina law that makes it a crime to possess, sell, 
deliver or manufacture drugs designated collectively as "controlled 
substances" in Article V, Chapter 90 of the North Carolina General 
Statutes (see State Law I). Any member of the university community who 
violates that law is subject both to prosecution and punishment by the 
civil authorities and to disciplinary proceedings by UNCW. It is not 
"double jeopardy" for both the civil authorities and the university to 
proceed against and adjudicate a person for the same specified conduct. 
The university will initiate its own disciplinary proceedings against the 
student, faculty member, administrator or other employee when the 
alleged conduct is deemed to affect the interest of the university. 

Penalties will be imposed by the university in accordance with procedural 
safeguards applicable to disciplinary actions against students (see Code of 
Student Life, Section II), faculty members (see Policies of Academic 
Freedom and Tenure, UNCW, Section VII), and administrators and other 
employees (see Procedure No. PER 6.10 and Personnel Policies for 
Designated Employment Exempt from State Personnel Act - EPA 
Administrative Positions) 1 . 



' Rules of the State Personnel Commission govern the disciplinary actions that may be taken against 
SPA employees. Under current commission regulations discharge, rather than suspension, is the 

130 



The penalties to be imposed by the university may range from written 
warning with probationary status to expulsion from enrollment and 
discharge from employment; however, the following minimum penalties 
shall be imposed for the particular offenses described. 

1 . TRAFFICKING IN ILLEGAL DR UGS 

a. For a first offense involving the illegal manufacture, sale or 
delivery, or possession with intent to manufacture, sell or 
deliver any controlled substance identified in Schedule I, North 
Carolina General Statutes 90-89, or Schedule II, North Carolina 
General Statutes, 90-90 (including, but not limited to heroin, 
mescaline, lysergic acid diethylamide, opium, cocaine, 
amphetamine, methaqualone), any student shall be expelled and 
any faculty member, administrator or other employee shall be 
discharged. 

b. For a first offense involving the illegal manufacture, sale or 
delivery, or possession with intent to manufacture, sell or 
deliver any controlled substance identified in Schedules III 
through VI, North Carolina General Statutes 90-91 through 90- 
94, (including, but not limited to, marijuana, phenobarbitals, 
codeine), the minimum penalty shall be suspension from 
enrollment or from employment 3 for a period of at least one 
semester or its equivalent. For a second offense, any student 
shall be expelled, and any faculty member, administrator or 
other employee shall be discharged. 

2. ILLEGAL POSSESSION OF DR UGS 

a. For a first offense involving the illegal possession of any 
controlled substance identified in Schedule I, North Carolina 
General Statutes 90-89, or Schedule II, North Carolina General 
Statutes 90-90, the minimum penalty shall be suspension from 
enrollment or from employment 3 for a period of at least one 
semester or its equivalent. 

b. For a first offense involving the illegal possession of any 
controlled substance identified in Schedules III through VI, 
North Carolina General Statutes 90-91 through 90-94, the 
minimum penalty shall be probation for a period to be 
determined on a case-by-case basis. A person on probation 
must agree to participate in a drug education and counseling 
program, consent to regular drug testing, and/or accept such 
other conditions and restrictions, including a program of 
community service, as the chancellor or chancellor's designee 
deems appropriate. Refusal or failure to abide by the terms of 



applicable penalty for SPA employees in those instances where this policy otherwise requires 
suspension. 

131 



probation shall result in suspension from enrollment or 
employment 3 for any unexpired balance of the prescribed period 
of the probation. 

c. For the second or other subsequent offenses involving the 
illegal possession of controlled substances, progressively more 
severe penalties shall be imposed, including expulsion of 
students and discharge of faculty members, administrators and 
employees. 

3. SUSPENSION PENDING FINAL DISPOSITION 

a. When a student, faculty, administrator or university employee 
has been charged by the university with a violation of policies 
concerning illegal drugs, he/she may be suspended from 
enrollment and/or employment before initiation or completion 
of regular disciplinary proceedings if, assuming the truth of the 
charges, the chancellor, or in the chancellor's absence the 
chancellor's designee concludes that the person's continued 
presence within the university community would constitute a 
clear and immediate danger to the health or welfare of other 
members of the university community; provided that, if such a 
suspension is imposed, an appropriate hearing of the charges 
against the suspended person shall be held as promptly as 
possible thereafter. 

VI. ASSESSMENT 

The university shall in its effort to continually assess the campus environment: 

1. Appraise the institutional environment as an underlying cause of drug 
abuse. 

2. Assess campus awareness, attitudes and behaviors regarding the use of 
drugs and employ results in program development. 

3. Collect and use drug related summary information from police and security 
reports to guide program development. 

4. Collect and use summary data regarding health, counseling and client 
information to guide program development. 

5. Collect summary data regarding drug related disciplinary actions and use it 
to guide program development. 



132 



Penalties 



STATE LAW UNCW POLICY 



SCHEDULE 


POSSESSION 
(mini mumpenal ties) 


SALE/ 

MANUFACTURE 


POSSESSION 
(mini mumpenal ties) 


SALE/ 

MANUFACTURE 


1 

Heroin, LSD, 
Peyote, Mescaline, 
Psilocybin, 
Methaqualone, 
PCP.MDA 


See Note 1 
andG.S. 90-95 (d-f) 


Maximumpenalty 
219monthsin prison 
plusfinenotlessthan 
$200,000 
ClassD Felony 


Suspensionfrom 

enrol Iment or employment 

for at 1 east one semester 


Expulsion of student, 
dischargeofemployee 


1 1 

Morphine, Demerol, 
Codeine, Percodan, 
Percocet.Fentanyl, 
Dilaudid,Secondal, 
Nembural, Cocaine, 
Amphetamines, 
Me th amphetamine 


See Note 2 

and G.S. 90-95 (d-f) 


219monthsin prison 
plusfrnenotless 
than $250,000. If 
opium or opiate, 279 
monthsinprison 
plusfrnenotless 
than $500,000 Class 
C Felony 


i 1 1 

1 1 1 

Certain Barbiturates 
in Codeine- 
con tainingmedi cine 
(Tylenol #3,Empirin 
if 3, Tussionex) 
AnabolicSteroids 




Probation to be determined 
on a case-by-case basis. 
Must agree to an assessment 
and/ or drug test, drug 
education or counseling. 

Failure to do so shall result 
in suspension for the 
remaining periodof 
probation. Subsequent 
offenses mayinvolve more 
severe penal ties, expulsion 
or discharge 


Firstoffense: 
Suspension for one 
semester 

Second offense: 
Expulsion or discharge 


1 V 

Barbiturates, 
narcotics, and 
stimulants, including 
Valium.Talwin, 
Librium, Darvon, 
Tranzene, Serax, 
Equanil.lonamin, 
Rohypnol 


V 

Compounds with 
limitedCodeine, 
such asTerpine 
Hydrate, Robitussin 
AC 


See Note 3 
andG.S. 90-95 (d-f) 


V 1 

Marijuana, TH C, 
Hashish, Hash Oil 


See Note 4 

and G.S. 90-95 (d-f) 


Maximumpenalty 
2 19monthsin prison 
plusfinenotlessthan 
$200,000 
ClassD Felony 



133 



Note 1 For a Schedule I substance, the crime is a Class I felony. 

Note 2 For a Schedule II, III, or IV substance, if the amount possessed is: 

(a) more than 100 tablets, capsules, or dosage units, or 

(b) more than four tablets, capsules, dosage units of dilaudid (chemically 
known as "hydromorphone"), or 

(c) any amount of cocaine, phencyclidine, methamphetamine or amphetamine 
the crime is a Class I felony. For possession of a lesser amount of a 
Schedule II, III, or IV substance, the crime is a Class 1 misdemeanor. 

Note 3 For a Schedule V Substance, the crime is a Class 2 misdemeanor. 

Note 4 For a Schedule VI substance, 

(a) a defendant's first conviction for possession of up to a half-ounce of 
marijuana or up to one-twentieth of an ounce of hashish is punishable as a 
Class 3 misdemeanor, and any sentence of imprisonment must be suspended 
and the defendant may not be required to serve active time as a special 
condition of probation; 

(b) possession of more than a half-ounce of marijuana and up to one and a half 
ounces of marijuana or more than one-twentieth of an ounce and up to 
three-twentieths of an ounce of hashish is a Class 1 misdemeanor; 

(c) possession of more than one and a half ounces of marijuana, more than 
three-twentieths of an ounce of hashish, or any amount of synthetic 
tetrahydrocannabinols or tetrahydrocannabinols isolated from marijuana 
resin is a Class I felony. 



134 



REFERRAL PROCESS 

Procedure for Alcohol and Other Drug-Related Disciplinary Referrals 

I. An administrative hearing officer or Campus Conduct Board determines 
if a disciplinary violation involves the abuse of alcohol or other drugs or 
if any alcohol or other drug policy was violated. If so: 

A. The administrative hearing officer/CCB may require the student to attend 
"Challenging Decisions" (CD) education program. This program is 
presented by CROSSROADS: Substance Abuse Prevention and Education 
Program. A class is scheduled for all referred students. 

B. In cases involving a marijuana violation, second alcohol violation or if the 
violation involved "extraordinary" circumstances related to alcohol or other 
drug use: 

1. If the student is found responsible for a first-time marijuana 
violation, he/she will also be required to attend an education 
intervention specifically addressing marijuana use, referred to 
as "BASICS -Marijuana" (BASICS-M). The BASICS-M 
involves two individual appointments at CROSSROADS, 
followed by a "booster" session with a counselor at the 
Counseling Center. 

2. If the student is found responsible for a second alcohol violation 
or if the violation involved "extraordinary" circumstances 
related to alcohol or other drug use, the student may be required 
to complete the "BASICS" alcohol education program. 
BASICS involves two individual appointments at 
CROSSROADS, followed by a "booster" session with a 
counselor at the Counseling Center. 

II. If the student is referred for a substance abuse assessment, the 
administrative hearing officer/CCB will ask the student to sign a consent 
release on the Decision of Hearing form. By signing, the student agrees 
to release a summary of the assessing counselor's recommendations 
regarding the referred student to the Office of the Dean of Students. The 
Decision of Hearing form will also include deadlines for scheduling the 
assessment. 

III. If the student is referred to the CD, BASICS, and/or BASICS-M 
education program, the Decision of Hearing form will also indicate the 
deadline by which attendance must be completed. It is the student's 
responsibility to schedule and attend the CD class or BASICS sessions. 
IV. It is the student's responsibility to schedule and attend any 
required BASICS booster sessions or other required assessment 
appointments with the Counseling Center. If the student fails to show for 
his/her assessment appointment, the Office of the Dean of Students will 
be notified and the student will be required to complete a substance 
assessment off-campus at his/her personal expense. 



135 



V. If a student who has been referred to a Challenging Decisions-Alcohol, 
BASICS or BASICS-Marijuana class or other educational sanction fails 
to attend his/her scheduled appointment, the Office of the Dean of 
Students is notified and the student will be assessed a $50 rescheduling 
fee. 

VI. Attendance is verified in writing by CROSSROADS and/or Counseling 
Center staff and is forwarded to the Office of the Dean of Students for 
addition to the conduct file. A registration "hold" will be placed on the 
student's account and "failure to comply" charges may be pursued if 
sanctions are not completed as assigned. 



RESOURCES 

UNIVERSITY RESOURCES 

Office of the Dean of Students 910-962-3119 
Fisher University Union, Suite 2017 

The Office of the Dean of Students takes great pride in the student body; 
however, it realizes that UNCW is not immune to the various problems that 
afflict many campuses. The staff is here to help individuals who seek assistance 
in dealing with a substance abuse problem and support their endeavors in 
dealing with it. When situations arise that violate university, state, or federal 
laws, all appropriate actions are taken in order to enforce these policies as well 
as help the individual student. 

CROSSROADS: Substance Abuse Prevention & Education Program 
DePaolo Hall, Second Floor, and 910-962-4136 
Student Recreation Center, 104 

CROSSROADS: Substance Abuse Prevention & Education Program is 
responsible for providing a systematic and comprehensive set of services for 
substance abuse education and prevention to all segments of the university 
community. CROSSROADS is dedicated to the advancement of thoughtful and 
healthy decision making regarding the use of alcohol, tobacco and other drugs 
by high school and college students. CROSSROADS encourages legal 
accountability and personal responsibility in all choices by providing access to 
the most current information available and encouraging a critical examination of 
beliefs and cultural expectations about substances in our lives. CROSSROADS 
programming will fall under one or more of the following directions: early 
identification and intervention for individual students, impacting individuals for 
behavior change, campus-wide collaboration on creating a healthy environment, 
and connection to community to create healthy environments for current and 
upcoming students. 



136 



The center serves as a highly visible and accessible multimedia resource area 
containing drug education materials, as well as information on alternatives to 
drug abuse, and how to help someone else. The center serves as a clearinghouse 
for other campus and community resources, providing confidential consultation, 
information or referral as appropriate. 

Counseling Center 910-962-3746 
DePaolo Hall, Second Floor 

In addition to personal counseling on a wide range of issues facing college 
students, the Counseling Center offers short term substance abuse services, 
including counseling for alcohol and other drug issues for students affected by 
their own or another person's use/abuse. 

Individual substance abuse assessments, counseling, consultation and off- 
campus referrals, when needed, are available. The overall approach is that of 
providing a non-judgmental confidential environment in which students can 
address problems they are experiencing with alcohol and other drugs while 
receiving support for achieving desired changes. 

Abrons Student Health Center 910-962-3280 
DePaolo Hall, Second Floor 

The mission of the Abrons Student Health Center is to provide student-centered, 
affordable, quality health and preventive services to UNCW students. Services 
include confidential diagnosis and treatment of general and acute medical 
problems, allergy injections, immunizations, laboratory services, women's 
health care, contraception services, men's health assessment and preventive 
services. 



Pharmacy 910-962-3160 
DePaolo Hall, Second Floor 

The UNCW Pharmacy is located in DePaolo Hall within the Student Health 
Center suite, Students can fill prescriptions written by UNCW providers as well 
as off -campus providers, and may purchase over 100 over-the-counter 
medications and products, Crutches are also available for purchase. 

Health Promotion 910-962-4137 
Student Recreation Center, Room 104 

Health Promotion is UNCW's central resource for health education. Staffed by 
a certified health education specialist, a registered dietitian and a group of peer 
educators, the office offers programs on nutrition, sexual health, cold/flu 
prevention, stress management and other health topics. All requests for 
information are handled confidentially; whether for personal interest, for a 
friend, or for a class assignment. 



137 



University Police 910-962-2222 
University Police Department - Lionfish Drive 

UNCW's Police Department is located on the east side of campus, on Lionfish 
Drive. The police department operates 24 hours a day, each day of the year and 
is staffed with more than 40 individuals. The police officers are duly sworn, 
certified, armed and empowered with the same authority as other local law 
enforcement officers in the State of North Carolina as regulated by the North 
Carolina Department of Justice. Other staff members including dispatchers, 
security guards and administrators are on duty each day of the year determined 
to provide a safe and secure environment within which students, faculty and 
staff can live, learn and work. 

Housing & Residence Life 910-962-3241 
Office of Housing & Residence Life 

The Housing & Residence Life program is designed to help students living in 
the residence halls. The resident assistants, assistant residence coordinators and 
residence coordinators are trained and are knowledgeable about drug 
information and basic listening skills. The residence life program also has the 
responsibility of enforcing federal, state and local laws and the university drug 
policies. Violations of the law will be addressed and every effort will be made to 
help students deal with drug-related issues. 

Although consumption of alcoholic beverages is not encouraged by the 
university, students are permitted to possess and consume alcoholic beverages in 
their rooms provided that they comply with state laws. However, residents who 
are under 21 years of age are not allowed to host people with alcohol regardless 
of the guest's age. Non-UNCW students and UNCW students living off -campus 
are not allowed to bring alcohol into residential facilities. The Office of Housing 
and Residence Life staff reserves the right to stop people from bringing alcohol 
into the building(s). The student's room is considered "dry" and thus off-limits 
to the consumption of alcohol. In addition to the UNCW policies regarding the 
possession and consumption of alcoholic beverages and marketing of alcoholic 
beverages, the following rule pertains to residence halls: There are to be no kegs 
or common containers of beer or alcohol in the students' rooms or elsewhere in 
the residence halls, apartments or suite buildings except during official residence 
life functions where an alcoholic beverage permit has been completed in the 
Office of the Dean of Students and approved by the chancellor. Students are not 
allowed to play drinking games that encourage high risk drinking behavior, 
including but not limited to, beer pong, flip cup, card games, etc. Students are 
not allowed to construct or own a table used for the purpose of beer pong. 

Department of Athletics 910-962-3232 
Nixon Annex 

UNCW student-athletes have a shared responsibility with other students, faculty, 
and staff to uphold the policies and integrity of the university. This 



138 



responsibility includes preventing the illegal use and abuse of drugs and alcohol. 
As highly visible members of the university community, student-athletes are in a 
strategic position to support and endorse high standards of professional and 
personal conduct. 

As with all students, UNCW student-athletes are subject to university policies, 
procedures and programs regarding alcohol and drugs. The UNCW Department 
of Athletics requires drug and alcohol education, testing, and counseling of its 
student-athletes which is an excellent awareness program that is focused highly 
on prevention. 

COMMUNITY RESOURCES 

Following is a partial listing of substance abuse services available in the 
Wilmington area. For additional resources, contact CROSSROADS: Substance 
Abuse Prevention & Education Program at 962-4136 or the UNCW Counseling 
Center at 962-3746. 

Coastal Horizons Center, Inc. 910-343-0145 or 910-762-5333 

615 Shipyard Boulevard, Wilmington, NC 28412 

The Coastal Horizons Center, Inc. is a public center providing information, 
education, referral, counseling and outpatient treatment. Fees for counseling and 
treatment are charged on a sliding scale. 

Crisis Line 910-392-7408 or 1-800-672-2903 

615 Shipyard Boulevard, Wilmington, NC 28412 
24-hour operation 

Crisis Line is a 24-hour hot line for any personal or family crisis, including 
alcohol and drug-related issues. Crisis Line Open House provides counseling 
and shelter for adolescents. 

Treatment Alternatives to Street Crime (T.A.S.C.) 910-762-5333 
613 Shipyard Boulevard, Suite 100, Wilmington, NC 28412 

T.A.S.C. is a public drug-treatment program intended for criminal offenders. 

Drug Enforcement Administration 910-815-4513 
Alton Lennon Federal Bldg. 2 Princess Street, Room 322, 
Wilmington, NC 28401 

The D.E.A. provides drug information and education and is available to 
participate in conferences and seminars relating to illegal drugs. 

New Hanover County Sheriffs Department 910-798-4200 
3950 Juvenile Center Road 

Castle Hayne, NC 28429The Sheriffs Department offers a crime prevention 
program which includes presentations on alcohol and other drugs. 



139 



Wilmington Police Department 910-343-3600 
615 Bess Street, Wilmington, NC 28402 

The Police Department provides crime prevention programs and is available to 
make presentations relating to alcohol and other drugs. 

New Hanover County Health Department 910-798-6500 
2029 S. 17th Street, Wilmington, NC 28401 

The Health Department provides drug and alcohol information and referral. 

Alcoholics Anonymous (AA) 910-794-1840 
Intergroup Office 

5901 Wrightsville Avenue, Wilmington, NC 28403 

Al-Anon 910-509-2380 

Narcotics Anonymous 1-800-691-5427 

(Coastal Carolina Area) 

Fetal Alcohol Hotline 1-800-532-6302 

National Clearinghouse for Alcohol Information 1-800-729-6686 

North Carolina Tobacco Cessation Quitline (800) QUIT- NOW 

North Carolina DWI Service Providers Directory www.ncdwiservices.com 



140 



NORTH CAROLINA 
GENERAL STATUTES ON 
ALCOHOLIC BEVERAGES 

(Printed in part) 

14-443. DEFINITIONS 

As used in this Article: 

(1) "Alcoholism" is the state of a person who habitually lacks self-control as 
to the use of alcoholic beverages, or uses alcoholic beverages to the 
extent that his health is substantially impaired or endangered or his social 
or economic function is substantially disrupted, and 

(2) "Intoxicated" is the condition of a person whose mental or physical 
functioning is presently substantially impaired as a result of the use of 
alcohol; and 

(3) A "public place" is a place which is open to the public, whether it is 
publicly or privately owned. (1977, 2nd Sess., C. 1134, s. 1; 1981, c. 412, 
s. 4; c. 747, s. 66.) 

14-444. INTOXICATED AND DISRUPTIVE IN PUBLIC 

(a) It shall be unlawful for any person in a public place to be intoxicated and 
disruptive in any of the following ways: 

(1) Blocking or otherwise interfering with traffic on a highway or public 
vehicular area, or 

(2) Blocking or lying across or otherwise preventing or interfering with access 
to or passage across a sidewalk or entrance to a building, or 

(3) Grabbing, shoving, pushing or fighting others or challenging others to fight, 
or 

(4) Cursing or shouting at or otherwise rudely insulting others, or 

(5) Begging for money or other property. 

(b) Any person who violates this section shall be guilty of a Class 3 
misdemeanor. Notwithstanding the provisions of G.S. 7A-273(1), a 
magistrate is not empowered to accept a guilty plea and enter judgment 
for this offense. (1977, 2nd Sess., c. 1134, s.l; 1993, c. 539, s. 292,1994; 
Ex. Sess., c. 24, s. 14(c).) 

14-445. DEFENSE OF ALCOHOLISM 

(a) It is a defense to a charge of being intoxicated and disruptive in a public 
place that the defendant suffers from alcoholism. 

(b) The presiding judge at the trial of a defendant charged with being 
intoxicated and disruptive in public shall consider the defense of 
alcoholism even though the defendant does not raise the defense, and may 
request additional information on whether the defendant is suffering from 
alcoholism. 



141 



14-447. NO PROSECUTION FOR PUBLIC INTOXICATION 

(a) No person may be prosecuted solely for being intoxicated in a public 
place. A person who is intoxicated in a public place and is not disruptive 
may be assisted as provided in G.S. 122C-301. 

(b) If, after arresting a person for being intoxicated and disruptive in a public 
place, the law-enforcement officer making the arrest determines that the 
person would benefit from the care of a shelter or health-care facility as 
provided by G.S. 122C-301, and that he would not likely be disruptive in 
such a facility, the officer may transport and release the person to the 
appropriate facility and issue him a citation for the offense of being 
intoxicated and disruptive in a public place. This authority to arrest and 
then issue a citation is granted as an exception to the requirements of G.S. 
15A-501(2). (1977, 2nd Sess., c.1134, s.l; 1981, c.519, s.2; 1985, c.589, 
s.7.) 

122C-301. ASSISTANCE TO AN INDIVIDUAL WHO IS 
INTOXICATED IN PUBLIC; PROCEDURE FOR 
COMMITMENT TO SHELTER OR FACILITY 

(a) An officer may assist an individual found intoxicated in a public place by 
taking any of the following actions: 

(1) The officer may direct or transport the intoxicated individual home; 

(2) The officer may direct or transport the intoxicated individual to the 
residence of another individual willing to accept him; 

(3) If the intoxicated individual is apparently in need of and apparently unable 
to provide for himself food, clothing, or shelter but is not apparently in need 
of immediate medical care, the officer may direct or transport him to an 
appropriate public or private shelter facility. 

(4) If the intoxicated individual is apparently in need of but apparently unable 
to provide for himself immediate medical care, the officer may direct or 
transport him to an area facility, hospital, or physician's office; or the 
officer may direct or transport the individual to any other appropriate health 
care facility; or 

(5) If the intoxicated individual is apparently a substance abuser and is 
apparently dangerous to himself or others, the officer may proceed as 
provided in Part 8 of this Article. 

(b) In providing the assistance authorized by subsection (a) of this section, 
the officer may use reasonable force to restrain the intoxicated individual 
if it appears necessary to protect himself, the intoxicated individual, or 
others. No officer may be held criminally or civilly liable for assault, 
false imprisonment, or other torts or crimes on account of reasonable 
measures taken under authority of this Part. 

(c) If the officer takes the action described in either subdivision (a)(3) or 
(a)(4) of this section, the facility to which the intoxicated individual is 
taken may detain him only until he becomes sober or a maximum of 24 



142 



hours. The individual may stay a longer period if he wishes to do so and 
the facility is able to accommodate him. 
(d) Any individual who has knowledge that a person assisted to a shelter or 
other facility under subdivisions (a)(3) or (a)(4) of this section is a 
substance abuser and is dangerous to himself or others may proceed as 
provided in Part 8 of this Article. (1977, 2 nd Sess., c. 1134, s. 2; 1981, c. 
519, s.5; 1985, c. 589, s. 2.) 

OTHER PROVISIONS 

18B-300. PURCHASE, POSSESSION AND CONSUMPTION OF 
MALT BEVERAGES AND UNFORTIFIED WINE 

(a) Generally - Except as otherwise provided in this Chapter, the purchase, 
consumption, and possession of malt beverages and unfortified wine by 
individuals 21 years old and older for their own use is permitted without 
restriction. 

(b) [Omitted] 

(c) Local Ordinance - A city or county may by ordinance: 

(1) Regulate or prohibit the consumption of malt beverages and unfortified 
wine on the public streets in that city or county by persons who are not 
occupants of motor vehicles and on property owned, occupied, or controlled 
by that city or county; 

(2) Regulate or prohibit the possession of open containers of malt beverages 
and unfortified wine on public streets in that city or county by persons who 
are not occupants of motor vehicles and on property owned, occupied, or 
controlled by that city or county; and 

(3) Regulate or prohibit the possession of malt beverages and unfortified wine 
on public streets, alleys, or parking lots which are temporarily closed to 
regular traffic for special events. 

For the purposes of this subsection, an open container means a container whose 
seal has been broken or a container other than the manufacturer's unopened 
original container. As provided by G.S. 18B- 102(a), possession or consumption 
of alcoholic beverages is unlawful except as authorized by the ABC Law. 

18B-301. POSSESSION AND CONSUMPTION OF FORTIFIED 
WINE AND SPIRITOUS LIQUOR 

(a) Possession at Home - It shall be lawful, without an ABC permit, for any 
person at least 21 years old to possess for lawful purposes any amount of 
fortified wine and spirituous liquor at his home or a temporary residence, 
such as a hotel room. 

(b) Possession on Other Property - It shall be lawful, without an ABC permit, 
for a person to possess for his personal use and the use of his guests not 
more than eight liters of fortified wine or spirituous liquor, or eight liters 
of the two combined, at the following places: 

(1) The residence of any other person with that person's consent; 



143 



(2) Any other property not primarily used for commercial purposes and not 
open to the public at the time the alcoholic beverage is possessed, if the 
owner or other person in charge of the property consents to that possession 
and consumption; 

(3) An establishment with a brown-bagging permit as defined in B.S. 18B- 
1001(7). 

(c) Special Occasions - It shall be lawful for a person to possess, without a 
permit and not for sale, any amount of fortified wine or spirituous liquor 
for a private party, private reception, or private special occasion, at the 
following places: 

(1) His home or a temporary residence, such as a hotel room; 

(2) Any other property not primarily used for commercial purposes, which is 
under his exclusive control and supervision, and which is not open to the 
public during the event; 

(3) The licensed premises of any business for which the Commission has issued 
a special occasions permit under G.S. 18B-1001(8), if he is the host of that 
private function and has the permission of the permittee. 

(d) Consumption - It shall be lawful for a person to consume fortified wine 
and spirituous liquor in any place where it is lawful for him to possess 
those alcoholic beverages under subsections (a) through (c). 

(e) [Omitted] 

(f) Unlawful Possession or Use - As illustration, but not limitation, of the 
general prohibition stated in G.S. 18B-102(a), it shall be unlawful for: 

(1) Any person to consume fortified wine, spirituous liquor, or mixed 
beverages or to offer such beverages to another person: 

(a) [Omitted] 

(b) Upon any property used or occupied by a local board, or 

(c) On any public, street, highway, or sidewalk. 

(2) Any person to display publicly at an athletic contest fortified wine, 
spirituous liquor, or mixed beverages; 

(3) Any person to permit any fortified wine, spirituous liquor, or mixed 
beverages to be possessed or consumed upon any premises not authorized 
by this Chapter; 

(4) Any person to possess or consume any fortified wine, spirituous liquor, or 
mixed beverages upon any premises where such possession or consumption 
is not authorized by law, or where the person has been forbidden to possess 
or consume that beverage by the owner or other person in charge of the 
premises; 

(5) Any person to possess on any of the premises described in subsections (a) 
through (c) a greater amount of fortified wine or spirituous liquor than 
authorized by this Chapter; 

(6) Any permittee, other than a mixed beverage or culinary permittee, to 
possess spirituous liquor or mixed beverages on his licensed premises; 

(7) Any person to possess on his person or consume malt beverages or 
unfortified wine upon any property owned or leased by a local board of 



144 



education and used by the local board of education for school purposes. 
Provided, however, the prohibition in G.S. 18B-102(a) and this subdivision 
shall not apply on property owned by a local board of education which was 
leased for 99 years or more to a nonprofit auditorium authority created prior 
to 1991 whose governing board is appointed by a city board of aldermen, a 
county board of commissioners, or a local school board. 

18B-302. SALE TO OR PURCHASE BY UNDERAGE PERSONS 

(a) Sale - It shall be unlawful for any person to: 

(1) Sell or give malt beverages or unfortified wine to anyone less than 21 years 
old; or 

(2) Sell or give fortified wine, spirituous liquor, or mixed beverages to anyone 
less than 21 years old. 

(al) Give - It shall be unlawful for any person to: 
Give malt beverages or unfortified wine to anyone less than 21 years old; or 
Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 
years old. 

(b) Purchase, Possession or Consumption - It shall be unlawful for: 

(1) A person less than 21 years old to purchase, to attempt to purchase, or to 
possess malt beverages or unfortified wine; or 

(2) A person less than 21 years old to purchase, to attempt to purchase, or to 
possess fortified wine, spirituous liquor, or mixed beverages. 

(3) A person less than 21 years old to consume any alcoholic beverage. 

(c) Aider and Abettor 

(1) By Underage Person - Any person who is under the lawful age to purchase 
and who aids or abets another in violation of subsection (a), (al), or (b) of 
this section shall be guilty of a Class 2 misdemeanor. 

(2) By Person over Lawful Age - Any person who is over the lawful age to 
purchase and who aids or abets another in violation of subsection (a), (al), 
or (b) of this section shall by guilty of a Class 1 misdemeanor. 

(d) Defense - It shall be a defense to a violation of subsection (a) of this 
section if the seller: 

(1) Shows that the purchaser produced a driver's license, a special 
identification card issued under G.S. 20-37. 7, a military identification card, 
or a passport, showing his age to be at least the required age for purchase 
and bearing a physical description of the person named on the card 
reasonably describing the purchaser; or 

(2) Produces evidence of other facts that reasonably indicated at the time or sale 
that the purchaser was at least the required age. 

(3) Shows that at the time of purchase, the purchaser utilized a biometric 
identification system that demonstrated (i) the purchaser's age to be at least 
the required age for the purchase and (ii) the purchaser had previously 
registered with the seller or seller's agent a drivers license, a special 
identification card, or a passport showing the purchaser's date of birth and 
bearing a physical description of the person named on the document. 



145 



(e) Fraudulent Use of Identification - It shall be unlawful for any person to 
enter or attempt to enter a place where alcoholic beverages are sold or 
consumed, or attempt to obtain alcoholic beverages, or to obtain or 
attempt to obtain permission to purchase alcoholic beverages, in violation 
of subsection (b) of this section by using or attempting to use any of the 
following: 

(1) A fraudulent or altered driver's license; 

(2) A fraudulent or altered identification document other than a driver's license; 

(3) A driver's license issued to another person; or 

(4) An identification document other than a driver's license issued to another 
person. 

(5) Any other form or means of identification that indicates or symbolizes that 
the person is not prohibited from purchasing or possessing alcoholic 
beverages under this section. 

(f) Allowing Use of Identification - It shall be unlawful for any person to 
permit the use of the person's driver's license or any other form of 
identification of any kind issued or given to the person, by any other 
person who violates or attempts to violate subsection (b) of this section. 

(g) Conviction Report Sent to Division of Motor Vehicles - The court shall 
file a conviction report with the Division of Motor Vehicles indicating the 
name of the person convicted and any other information requested by the 
Division if the person is convicted of: 

(1) A violation of subsection (e) or (f) of this section; or 

(2) A violation of subdivision (c) (1) of this section; or 

(3) A violation of subsection (b) of this section, if the violation occurred while 
the person was purchasing or attempting to purchase an alcoholic beverage. 

(4) A violation of subsection (al) of this section. 

Upon receipt of a conviction report, the division shall revoke the person's 
license as required by G.S. 20-17.3. 

(h) [Omitted] 

(i) Purchase or possession by 19 or 20 year old. A violation of subdivision 
(b)(1) of this section by a person who is 19 or 20 years old is a Class 3 
misdemeanor 

(]) Notwithstanding any other provisions of law, a law enforcement officer 
may require any person the officer has probable cause to believe is under 
age 21 and has consumed alcohol to submit to an alcohol screening test 
using a device approved by the Department of Health and Human 
Services. The results of any screening device administered in accordance 
with the rules of the Department of Health and Human Services shall be 
admissible in any court or administrative proceeding. A refusal to submit 
to an alcohol screening test shall be admissible in any court or 
administrative proceeding. 

(k) Notwithstanding the provisions in this section, it shall not be unlawful for 
a person less than 21 years old to consume unfortified wine or fortified 
wine during participation in an exempted activity under G.S. 18B-103(4), 



146 



(8), or (11). (1933, c. 216, s. 8; 1959, c. 745, s. 1; 1967, c. 222, s. 3; 1969, 
c. 998; 1971, c. 872, s. 1; 1973, c. 27; 1977, 2nd Sess., c. 1138, s. 2; 1979, 
c. 683, s. 2; 1981, c. 412, s. 2; c. 747, ss. 40, 41; 1983, c. 435, ss. 32, 35; 
c. 740, ss. 1, 2; Ex. Sess., c. 5; 1985, c. 141, ss. 2-3; 1993, c. 539, s. 311; 
1994, Ex. Sess., c. 24, s. 14(c); 1999-406, s.7.; 2001-461, ss. 2,3; 2001- 
487, s. 42(b); 2005-350, s.6(a); 2006-253, s.26.; 2007-537, s.l). 

18B-302.1. PENALTIES FOR CERTAIN OFFENSES 
RELATED TO UNDERAGE PERSONS 

(a) A violation of G.S. 18B-302(a) or (al) is a Class 1 misdemeanor. 
Notwithstanding the provisions of G.S. 15A-1340.23, if the court imposes 
a sentence that does not include active punishment, the court must include 
among the conditions of probation a requirement that the person pay a 
fine of at least two hundred fifty dollars ($250.00) as authorized by G.S. 
15A-1343(b)(9) and a requirement that the person complete at least 25 
hours of community service, as authorized by G.S. 15A-1343(bl)(6). If 
the person has a previous conviction of this offense in the four years 
immediately preceding the date of the current offense, and the court 
imposes a sentence that does not include an active punishment, the court 
must include among the conditions of probation a requirement that the 
person pay a fine of at least five hundred dollars ($500.00) as authorized 
by G.S. 15A-1343(b)(9) and a requirement that the person complete at 
least 150 hours of community service, as authorized by G.S. 15A-1343 
(bl)(6). 

(b) A violation of G.S. 18B-302(c)(2) is a Class 1 misdemeanor. 
Notwithstanding the provisions of G.S. 15A-1340.23, if the court imposes 
a sentence that does not include an active punishment, the court must 
include among the conditions of probation a requirement that the person 
pay a fine of at least five hundred dollars ($500.00) as authorized by G.S. 
15A-1343(b)(9) and a requirement that the person complete at least 25 
hours of community service, as authorized by G.S. 15A-1343(bl)(6). If 
the person has a previous conviction of this offense in the four years 
immediately preceding the date of the current offense, and the court 
imposes a sentence that does not include an active punishment, the court 
must include among the conditions of probation a requirement that the 
person pay a fine of no less than one thousand dollars ($1000) as 
authorized by G.S. 15A-1343(b)(9) and a requirement that the person 
complete at least 150 hours of community service, as authorized by G.S. 
15-1343(bl)(6). 

(c) In addition to the punishments imposed under this section, the court may 
impose the provisions of G.S. 18B-202 and G.S. 18B-503, 18B-504, and 
18B-505. (1999-433, s. 1.; 2007-537, s.2). 



147 



18B-303. AMOUNTS OF ALCOHOLIC BEVERAGES THAT 
MAY BE PURCHASED 

(a) Purchases Allowed - Without a permit, a person may purchase at one 
time: 

(1) Not more than 80 Liters of malt beverages, except draft malt beverages in 
kegs for off-premises consumption. For purchase of a keg or kegs of malt 
beverages for off -premises consumption, the permit required by G.S. 18B- 
403. 1(a) must first be obtained; 

(2) Any amount of draft malt beverages by a permittee in kegs for on-premise 
consumption; 

(3) Not more than 50 liters of unfortified wine; 

(4) Not more than eight liters of either fortified wine or spirituous liquor, or 
eight liters of the two combined. 

(b) Unlawful Purchase - Except as provided in subsection (c) and in Article 
11, it shall be unlawful for any person to purchase, or for any person to 
sell, an amount of alcoholic beverages greater than that stated in 
subsection (a). 

(c) Greater Amounts - Amounts of alcoholic beverages greater than those 
listed in subdivisions (a) (3) and (a) (4) may be purchased with a 
purchase-transportation permit under G.S. 18B-403. 

18B-304. SALE AND POSSESSION FOR SALE 

(a) Offense - It shall be unlawful for any person to sell any alcoholic 
beverage, or possess any alcoholic beverage for sale, without first 
obtaining the applicable ABC permit and revenue licenses. 

(b) Prima Facie Evidence - Possession of the following amounts of alcoholic 
beverages, without a permit authorizing that possession shall be prima 
facie evidence that the possessor is possessing those alcoholic beverages 
for sale: 

(1) More than 80 liters of malt beverages, other than draft malt beverages in 
kegs; 

(2) More than eight liters of spirituous liquor; or 

(3) Any amount of non-tax-paid alcoholic beverages. 

18B-400. AMOUNTS THAT MAY BE TRANSPORTED 

A person may transport at one time the same amount of alcoholic beverages that 
he is allowed to buy under G.S. 18B-303(a). Greater amounts of fortified wine, 
unfortified wine and spirituous liquor may be transported with a purchase- 
transportation permit under G.S. 18B-403. The Commission may also authorize 
a distillery representative, in the course of his business, to transport and possess 
up to 10 gallons of spirituous liquor. 

18B-401. MANNER OF TRANSPORTATION 

(a) Opened Containers - It shall be unlawful for a person to transport 
fortified wine or spirituous liquor in the passenger area of a motor vehicle 

148 



in other than the manufacturer's unopened original container. It shall be 
unlawful for a person who is driving a motor vehicle on a highway or 
public vehicular area to consume in the passenger area of that vehicle any 
malt beverage or unfortified wine. Violation of this subsection shall 
constitute a Class 3 misdemeanor. 

(b) [Omitted.] 

(c) Definitions - The definitions in Chapter 20 of the General Statutes apply 
in interpreting this section. If the seal on a container of alcohol has been 
broken, it is opened within the meaning of this section. For purposes of 
this section, "passenger area of a motor vehicle" means the area 
designated to seat the driver and passengers and any are within the reach 
of a seated driver or passenger, including the glove compartment. In the 
case of a station wagon, hatchback or similar vehicle, the area behind the 
last upright back seat shall not be considered part of the passenger area. 
(1923, c. 1, s. 25; C.S., s. 341 l(y); 1937, c. 49, ss. 14, 16; c. 411; 1967, c. 
222, ss. 1, 7; c. 1256, s. 3; 1969, c. 598, ss. 2, 3; c. 1018; 1971, c. 872, s. 
1; 1977, c. 176, s. 1; c. 586; 1979, c. 607, s. 1; 1981, c. 412, s. 2; c. 747, s. 
45; 1983, c. 435, s. 7; 1989, c. 553, s. 3; 1993, c. 508, s. 4, c. 539, s. 312; 
1994, Ex. Sess., c. 24, s. 14 (c).) 

18B-1006. MISCELLANEOUS PROVISIONS ON PERMITS 

(a) School and College Campuses - No permit for the sale of malt beverages, 
unfortified wine, or fortified wine shall be issued to a business on the 
campus or property of a public school or college, other than at a regional 
facility as defined by G.S. 160A-480.2 operated by a facility authority 
under Part 4 of Article 20 of Chapter 160A of the General Statutes except 
for a public school or college function, unless that business is a hotel or 
nonprofit alumni organization with a mixed beverages permit or a special 
occasion permit. Provided, however, this subsection shall not apply on 
property owned by a local board of education which was leased for 99 
years or more to a nonprofit auditorium authority created prior to 1991 
whose governing board is appointed by a city board of aldermen, a county 
board of commissioner, or a local school board. This subsection shall also 
not apply to the constituent institutions of The University of North 
Carolina with respect to the sale of beer and wine at performing arts 
centers located on property owned or leased by the institutions if the 
seating capacity does not exceed 2,000 seats. 

20-138.1. IMPAIRED DRIVING 

(a) Offense - A person commits the offense of impaired driving if he drives 
any vehicle upon any highway, any street, or any public vehicular area 
within this state: 

(1) While under the influence of an impairing substance; or 

(2) After having consumed sufficient alcohol that he has, at any relevant time 
after the driving, an alcohol concentration of 0.08 or more. The results of a 



149 



chemical analysis shall be deemed sufficient evidence to prove a person's 
alcohol concentration; or 
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90- 

89, or its metabolites in his blood or urine, 
(al) A person who has submitted to a chemical analysis of a blood sample, 
pursuant to G.S. 20-139. 1(d), may not use the result in rebuttal as 
evidence that the person did not have, at a relevant time after driving, an 
alcohol concentration of 0.08 or more. 

(b) Defense Precluded. - The fact that a person charged with violating this 
section is or has been legally entitled to use alcohol or a drug is not a 
defense to a charge under this section. 

(bl) Defence Allowed - Nothing in this section shall preclude a person from 
asserting that a chemical analysis result is inadmissible pursuant to G.S. 
20-139.1(b2). 

(c) Pleading - In any prosecution for impaired driving, the pleading is 
sufficient if it states the time and place of the alleged offense in the usual 
form and charges that the defendant drove a vehicle on a highway or 
public vehicular area while subject to an impairing substance. 

(d) Sentencing Hearing and Punishment - Impaired driving as defined in this 
section is a misdemeanor. Upon conviction of a defendant of impaired 
driving, the presiding judge must hold a sentencing hearing and impose 
punishment in accordance with G.S. 20-179. (1983, c. 435, s. 24.) 

(e) Exception - Notwithstanding the definition of "vehicle" pursuant to G.S. 
20-4.01(49), for purposes of this section the word "vehicle" does not 
include a horse. (1983, c. 435, s. 24; 1989, c 711, s. 2; 1993, c. 285, s. 1; 
2006-253, s .9.) 

20-138.3. DRIVING BY PERSON LESS THAN 21 YEARS OLD 
AFTER CONSUMING ALCOHOL OR DRUGS 

(a) Offense - It is unlawful for a person less than 21 years old to drive a 
motor vehicle on a highway or public vehicular area while consuming 
alcohol or at any time while he has remaining in his body any alcohol or 
in his blood a controlled substance previously consumed, but a person 
less than 21 years old does not violate this section if he drives with a 
controlled substance in his blood which was lawfully obtained and taken 
in therapeutically appropriate amounts. 

(b) Subject to Implied-Consent Law - An offense under this section is an 
alcohol-related offense subject to the implied-consent provisions of G.S. 
20-16.2 

(bl) Odor insufficient - The odor of an alcoholic beverage on the breath of the 
driver is insufficient evidence by itself to prove beyond a reasonable 
doubt that alcohol was remaining in the driver's body in violation of this 
section unless the driver was offered an alcohol screening test or chemical 
analysis and refused to provide all required samples of breath or blood for 
analysis. 



150 



(b2) Alcohol Screening Test - Notwithstanding any other provision of law, an 
alcohol screening test may be administered to a driver suspected of 
violation of subsection (a) of this section, and the results of an alcohol 
screening test or the driver's refusal to submit may be used by a law 
enforcement officer, a court, or an administrative agency in determining 
if alcohol was present in the driver's body. No alcohol screening tests are 
valid under this section unless the device used is one approved by the 
Department for Health Services, and the screening test is conducted in 
accordance with the applicable regulations of the Department as to its 
manner and use. 

(c) Punishment; Effect When Impaired Driving Offense Also Charged - The 
offense in this section is a Class 2 misdemeanor. It is not, in any 
circumstances, a lesser included offense of impaired driving under G.S. 
20-138.1, but if a person is convicted under this section and of an offense 
involving impaired driving arising out of the same transaction, the 
aggregate punishment imposed by the court may not exceed the 
maximum applicable to the offense involving impaired driving, and any 
minimum punishment applicable must be imposed. 

(d) Limited Driving Privilege - A person who is convicted of violating 
subsection (a) of this section and whose driver's license is revoked solely 
based on that conviction may apply for a limited driving privilege as 
provided in G.S. 20-179.3. This subsection shall apply only if the person 
meets both of the following requirements: 

(1) Is 18, 19, or 20 years old on the date of the offense. 

(2) Has not previously been convicted of a violation of this section. 

The judge may issue the limited driving privilege only if the person meets 
the eligibility requirements of G.S. 20-179.3 other than the requirement in 
G.S. 20-179.3(b) (1) c. G.S. 20-179(e) shall not apply. All other terms, 
conditions, and restrictions provided for in G.S. 20-179.3 shall apply. 
G.S. 20-179.3, rather than this subsection, governs the issuance of a 
limited driving privilege to a person who is convicted of violating 
subsection (a) of this section and of driving while impaired as a result of 
the same transaction. 

20-138.7. TRANSPORTING AN OPEN CONTAINER OF 
ALCOHOLIC BEVERAGE 

(a) Offense - No person shall drive a motor vehicle on a highway or the 
right-of-way of a highway: 

(1) While there is an alcoholic beverage in the passenger area in other than the 
unopened manufacturer's original container; and 

(2) While the driver is consuming alcohol or while alcohol remains in the 
driver's body. 

(al) Offense - No person shall possess an alcoholic beverage other than in the 
unopened manufacturer's original container, or consume an alcoholic 



151 



beverage, in the passenger area of a motor vehicle while the motor 
vehicle is on a highway or the right-of-way of a highway. For purposes 
of this subsection, only the person who possesses or consumes an 
alcoholic beverage in violation of this subsection shall be charged with 
this offense. 

(a2) Exception - It shall not be a violation of subsection (al) of this section for 
a passenger to possess an alcoholic beverage other than in the unopened 
manufacturer's original container, or for a passenger to consume an 
alcoholic beverage, if the container is: 

(1) In the passenger area of a motor vehicle that is designed, maintained, or 
used primarily for the transportation of persons for compensation; 

(2) In the living quarters of a motor home or house car as defined in G.S. 20- 
4.01(27) d2.;or 

(3) In a house trailer as defined in G.S. 20-4.01(14). 

(a3) Meaning of Terms - Under this section, the term "motor vehicle" means 
only those types of motor vehicle which North Carolina law requires to 
be registered, whether the motor vehicle is registered in North Carolina or 
another jurisdiction. 

(b) Subject to Implied-Consent Law - An offense under this section is an 
alcohol-related offense subject to the implied -consent provisions of G.S. 
20-16.2. 

(c) Odor Insufficient - The odor of an alcoholic beverage on the breath of the 
driver is insufficient evidence to prove beyond a reasonable doubt that 
alcohol was remaining in the driver's body in violation of this section, 
unless the driver was offered an alcohol screening test or chemical 
analysis and refused to provide all required samples of breath or blood for 
analysis. 

(d) Alcohol Screening Test - Notwithstanding any other provision of law, an 
alcohol screening test may be administered to a driver suspected of 
violating subsection (a) of this section, and the results of an alcohol 
screening test or the driver's refusal to submit may be used by a law 
enforcement officer, a court, or an administrative agency in determining 
if alcohol was present in the driver's body. No alcohol screening tests are 
valid under this section unless the device used is one approved by the 
Commission for Health Services, and the screening test is conducted in 
accordance with the applicable regulations of the Commission as to the 
manner of its use. 

(e) Punishment; Effect When Impaired Driving Offense Also Charged - 
Violation of this section shall be punished as a Class 3 misdemeanor for 
the first offense and shall be punished as a Class 2 misdemeanor for a 
second or subsequent offense. Violation of this section is not a lesser 
included offense of impaired driving under G.S. 20-138.1, but if a person 
is convicted under this section and of an offense involving impaired 
driving arising out of the same transaction, the punishment imposed by 
the court shall not exceed the maximum applicable to the offense 



152 



involving impaired driving, and any minimum applicable punishment 
shall be imposed. A violation of this section shall be considered a moving 
violation for purposed of G.S. 20-16 (c). 

Violation of subsection (al) of this section shall be an infraction and shall 
not be considered a moving violation for purposes of G.S. 20-16(c). 
Definitions - If the seal on a container of alcoholic beverages has been 
broken, it is opened within the meaning of this section. For purposes of 
this section "passenger area of a motor vehicle" means the area designed 
to seat the driver and passengers and any area within the reach of a seated 
driver or passenger, including the glove compartment. The area of the 
trunk or the area behind the last upright back seat of a station wagon, 
hatchback, or similar vehicle shall not be considered part of the passenger 
area. The term "alcoholic beverage" is as defined in G.S. 18B-101(4). 
Pleading - In any prosecution for a violation of subsection (a) of this 
section, the pleading is sufficient if it states the time and place of the 
alleged offense in the usual form and charges that the defendant drove a 
motor vehicle on a highway or the right-of-way of a highway with an 
open container of alcoholic beverage after drinking. In any prosecution 
for a violation of subsection (al) of this section, the pleading is sufficient 
if it states the time and place of the alleged offense in the usual form and 
charges that (i) the defendant possessed an open container of alcoholic 
beverage in the passenger area of a motor vehicle while the motor vehicle 
was on a highway or the right-of-way of a highway, or (ii) the defendant 
consumed an alcoholic beverage in the passenger area of a motor vehicle 
while the motor vehicle was on a highway or the right-of-way of a 
highway. 

Limited Driving Privilege - A person who is convicted of violating 
subsection (a) of this section and whose drivers license is revoked solely 
based on that conviction may apply for a limited driving privilege as 
provided for in G.S. 20-179.3. The judge may issue the limited driving 
privilege only if the driver meets the eligibility requirements of G.S. 20- 
179.3, other than the requirement in G.S. 20-179.3(b) (1) c. G.S. 20- 
179.3(e) shall not apply. All other terms, conditions, and restrictions 
provided for in G.S. 20-179.3 shall apply. G.S. 20-179.3, rather than this 
subsection, governs the issuance of a limited driving privilege to a person 
who is convicted of violating subsection (a) of this section and of driving 
while impaired as a result of the same transaction. (1995, c. 506, s. 9; 
2000-155, s.4; 2002-25.S.1; 2006-66.S.21.7; 2007-182.S.2) 



153 



NORTH CAROLINA 
GENERAL STATUTES ON 
CONTROLLED SUBSTANCES 

Students, faculty members, administrators, and other employees are responsible, 
as citizens, for knowing about and complying with the provisions of the North 
Carolina State Law that makes it a crime to possess, sell, deliver, or manufacture 
those drugs designated collectively as "controlled substances" in Article 5 of 
Chapter 90 of the North Carolina General Statutes. Any member of the 
university community who violates the law is subject both to prosecution and 
punishment by the civil authorities and to disciplinary proceedings by the 
university. 

CONTROLLED SUBSTANCES 

Controlled Substances Editor's Note: Under the North Carolina Controlled 
Substances Act, Article 5, G.S. Ch. 90, the North Carolina Drug Commission is 
authorized to add, remove, or change the placement of a drug, substance, or 
immediate precursor to the list of controlled substances (those on Schedule I 
through VI). Controlled substances are listed in six schedules: 

SCHEDULE I (90-89): A high potential for abuse, no currently accepted 
medical use in the United States, or lack of accepted safety for use in treatment 
under medical supervision. Examples include heroin, LSD, mescaline, 
psilocybin (mushrooms), peyote, Gamma Hydroxybutyric Acid (GHB), 4- 
hydroxybutyrate, 4-hydroxybutanuic acid, sodium oxybate and sodium 
oxybutyrate. 

SCHEDULE II (90-90): A high potential for abuse, currently accepted medical 
use with severe restrictions, and abuse of the substance may lead to severe 
psychological or physical dependence. Examples are opium, cocaine, codeine, 
amphetamines, methadone and PCP. 

SCHEDULE III (90-91): A potential for abuse less than the substances listed in 
Schedules I and II; currently accepted medical use in the United States; and 
abuse may lead to moderate or low physical dependence or high psychological 
dependence. Examples are certain barbiturates such as amobarbital and codeine- 
containing medicine such as Fiorinal #3, Doriden, and codeine-based cough 
suppressants. Also all anabolic steroids and ketamine. 

SCHEDULE IV (90-92): A low potential for abuse relative to the substances 
listed in Schedule III, currently accepted medical use in the United States, and 
limited physical or psychological dependence relative to the substances listed in 
Schedule III. Examples include several commonly prescribed tranquilizers and 
stimulants such as Valium, Phenobarbital, Talwin, Librium and "yellow 
jackets." 



154 



SCHEDULE V (90-93): A low potential for abuse relative to the substances 
listed in Schedule IV, currently accepted medical use in the United States, and 
limited physical or psychological dependence relative to the substances listed in 
Schedule IV. These substances may be sold at retail without a prescription to 
anyone 18 or older by a registered pharmacist for medical purposes. Examples 
include substances that contain very limited amounts of codeine, 
dihydrocodeine, opium, ethylmorphine and atropine such as Terpine Hydrate 
with codeine and Robitussin AC. 

SCHEDULE VI (90-94): No currently accepted medical use in the United 
States or a relatively low potential for abuse in terms of risk to public health, and 
potential to produce psychological or physiological dependence liability based 
upon present medical knowledge, or a need for further and continuing study to 
develop scientific knowledge of its pharmacological effects. The only 
substances on this schedule are marijuana and tetrahydrocannabinols, such as 
hashish and hash oil. 

Violations and penalties involving controlled substances are set out in sections 
90-95 and 90-95.1. Note the distinctions made for possession. Section 90-96 
provides for special treatment for certain first offenses. 

90-95. VIOLATIONS; PENALTIES 

(a) Except as authorized by this Article, it is unlawful for any person: 

(1) To manufacture, sell or deliver, or possess with intent to manufacture, sell 
or deliver, a controlled substance. 

(2) To create, sell or deliver, or possess with intent to sell or deliver, a 
counterfeit controlled substance; 

(3) To possess a controlled substance. 

(b) Except as provided in subsections (h) and (i) of this section, any person 
who violates G.S. 90-95(a) (1) with respect to: 

(1) A controlled substance classified in Schedule I or II shall be punished as a 
Class H felon, except as follows: (i)the sale of a controlled substance 
classified in Schedule I or II shall be punished as a Class G felony, and (ii) 
the manufacture of methamphetamine shall be punished as provided by 
subdivision (la) of this subsection. 

(la) The manufacture of methamphetamine shall be punished as a Class C 
felony unless the offense was one of the following: packaging or 
repackaging methamphetamine, or labeling or relabeling the 
methamphetamine container. The offense of packaging of repackaging 
methamphetamine, or labeling or relabeling the methamphetamine container 
shall be punished as a Class H felony. 

(2) A controlled substance classified in Schedule III, IV, V, or VI shall be 
punished as a Class I felon, except that the sale of a controlled substance 
classified in Schedule III, IV, V, or VI shall be punished as a Class H felon. 
The transfer of less than 5 grams of marijuana for no remuneration shall not 
constitute a delivery in violation of G.S. 90- 95(a)(1). 



155 



(c) Any person who violates G.S. 90-95(a) (2) shall be punished as a Class I 
felon. 

(d) Except as provided in subsections (h) and (i) of this section, any person 
who violates G.S. 90-95(a) (3) with respect to: 

(1) A controlled substance classified in Schedule I shall be punished as a Class 
I felon; 

(2) A controlled substance classified in Schedule II, III, or IV shall be guilty of 
a Class 1 misdemeanor. If the controlled substance exceeds four tablets, 
capsules, or other dosage units or equivalent quantity of hydromorphone or 
if the quantity of the controlled substance, or combination of the controlled 
substances, exceeds one hundred tablets, capsules or other dosage units, or 
equivalent quantity, the violation shall be punishable as a Class I felony. If 
the controlled substance is methamphetamine, amphetamine, phencyclidine, 
or cocaine and any salt, isomer, salts of isomers, compound, derivative, or 
preparation thereof, or coca leaves and any salt, isomer, salts of isomers, 
compound, derivative, or preparation of coca leaves, or any salt, isomer, 
salts of isomers, compound, derivative or preparation thereof which is 
chemically equivalent or identical with any of these substances (except 
decocanized coca leaves or any extraction of coca leaves which does not 
contain cocaine or ecgonine), the violation shall be punishable as a Class I 
felony. 

(3) A controlled substance classified in Schedule V shall be guilty of a Class 2 
misdemeanor; 

(4) A controlled substance classified in Schedule VI shall be guilty of a Class 3 
misdemeanor, but any sentence of imprisonment imposed must be 
suspended and the judge may not require at the time of sentencing that the 
defendant serve a period of imprisonment as a special condition of 
probation. If the quantity of the controlled substance exceeds one -half of an 
ounce (avoirdupois) of marijuana or one-twentieth of an ounce 
(avoirdupois) of the extracted resin of marijuana, commonly known as 
hashish, the violation shall be punishable as a Class 1 misdemeanor. If the 
quantity of the controlled substance exceeds one and one-half ounces 
(avoirdupois) of marijuana or three -twentieths of an ounce (avoirdupois) of 
the extracted resin of marijuana, commonly known as hashish, or if the 
controlled substance consists of any quantity of synthetic 
tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of 
marijuana, the violation shall be punishable as a Class I felony. 

(dl) (l)Except as authorized by this Article, it is unlawful for any person to: 

(a) Possess an immediate precursor chemical with intent to manufacture a 
controlled substance; or 

(b) Possess or distribute an immediate precursor chemical knowing, or having 
reasonable cause to believe, that the immediate precursor chemical will be 
used to manufacture a controlled substance. 



156 



Any person who violates this subsection shall be punished as a Class H felon, 
unless the immediate precursor is one that can be used to manufacture 
methamphetamine. 

(2) Except as authorized by this Article, it is unlawful for any person to: 

(a) Possess an immediate precursor chemical with intent to manufacture 
methamphetamine; or 

(b) Possess or distribute an immediate precursor chemical knowing, or having 
reasonable cause to believe, that the immediate precursor chemical will be 
used to manufacture methamphetamine. 

Any person who violates this subdivision shall be punished as a Class F 
felon. 

(d2) The immediate precursor chemicals to which subsection (dl) of this 
section applies are those immediate precursor chemicals designated by 
the Commission pursuant to its authority under G.S. 90-88, and the 
following (until otherwise specified by the Commission): 

(1) Acetic anhydride. 

(2) Acetone. 

(3) Anhydrous ammonia. 

(4) Anthranilic acid. 

(5) Benzyl chloride. 

(6) Benzyl cyanide. 

(7) 2-Butanone (Methyl Ethyl Ketone). 

(8) Chloroephedrine. 

(9) Chloropseudoephedrine. 

(10) D-Lysergic acid. 
(1 l)Ephedrine. 

(12) Ergonovine maleate. 

(13) Ergotamine tartrate. 

(14) Ethyl ether. 

(15) Ethyl Malonate. 

(16) Ethylamine. 

(17) Gamma4outyrolactone. 

(18) Hydrochloric Acid. 

(19) Iodine. 

(20) Isosafrole. 

(21) Lithium. 

(22) Malonic acid. 

(23) Methylamine. 

(24) Methyl Isobutyl Ketone. 

(25) N-acetylanthranilic acid. 

(26) N-ethylephedrine. 

(27) N-ethylepseudoephedrine. 

(28) N-methylephedrine. 

(29) N-methylpseudoephedrine. 

(30) Norpseudoephedrine. 



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(3 1) Phenyl-2-propane. 

(32) Phenylacetic acid. 

(33) Phenylpropanolamine. 

(34) Piperidine. 

(35) Piperonal. 

(36) Propionic anhydride. 

(37) Pseudoephedrine. 

(38) Pyrrolidine. 

(39) Red phosphorous. 

(40) Safrole. 

(41) Sodium. 

(42) Sulfuric Acid. 

(43) Tetrachloroethylene. 

(44) Thionylchloride. 

(45) Toluene. 

(e) The prescribed punishment and degree of any offense under this Article 
shall be subject to the following conditions, but the punishment for an 
offense may be increased only by the maximum authorized under any one 
of the applicable conditions: 

(1), (2) Repealed by Session Laws 1979, C.760, s. 5. 

(3) If any person commits a Class 1 misdemeanor under this Article and if he 
has previously been convicted for one or more offenses under any law of 
North Carolina or any law of the United States or any other state, which 
offenses are punishable under any provision of this Article, he shall be 
punished as a Class I felon. The prior conviction used to raise the current 
offense to a Class I felony shall not be used to calculate the prior record 
level; 

(4) If any person commits a Class 2 misdemeanor, and if he has previously 
been convicted for one or more offenses under any law of North Carolina or 
any law of the United States or any other state, which offenses are 
punishable under any provision of this Article, he shall be guilty of a Class 
1 misdemeanor. The prior conviction used to raise the current offense to a 
Class 1 misdemeanor shall not be used to calculate the prior conviction 
level; 

(5) Any person 18 years of age or over who violates G.S. 90-95(a)(l) by selling 
or delivering a controlled substance to a person under 16 years of age or a 
pregnant female shall be punished as a Class D felon. Any person 18 years 
of age or over who violates G.S. 90-95 (a) (1) by selling or delivering a 
controlled substance to a person who is 13 years of age or younger shall be 
punished as a Class C felon. Mistake of age is not a defense to a prosecution 

under this section. It shall not be a defense that the defendant did not 
know that the recipient was pregnant; 

(6) For the purpose of increasing punishment under G.S. 90-95(e)(3) and (e)(4), 
previous convictions for offenses shall be counted by the number of 



158 



separate trials at which final convictions were obtained and not by the 
number of charges at a single trial; 

(7) If any person commits an offense under this Article for which the 
prescribed punishment requires that any sentence of imprisonment be 
suspended, and if he has previously been convicted for one or more offenses 
under any law of North Carolina or any law of the United States or any 
other state, which offenses are punishable under any provision of this 
Article, he shall be guilty of a Class 2 misdemeanor; 

(8) Any person 21 years of age or older who commits an offense under G.S. 90- 
95(a)(1) on property used for a child care center, or an elementary or 
secondary school or within 1 ,000 feet of the boundary of real property used 
for a child care center, or for an elementary or secondary school shall be 
punished as a Class E felon. For purposes of this subdivision, the transfer of 
less than five grams of marijuana for no enumeration shall not constitute a 
delivery in violation of G.S. 90-95(a)(l). For purposes of this subdivision, a 
child care center is as defined in G.S. 110-86(3)a., and that is licensed by 
the Secretary of the Department of Health and Human Services. 

(9) Any person who violates G.S. 90-95(a)(3) on the premises of a penal 
institution or local confinement facility shall be guilty of a Class H felony. 

(10) Any person 21 years of age or older who commits an offense under G.S. 90- 
95(a)(1) on property that is a public park or within 1,000 feet of the 
boundary of real property that is a public park shall be punished as a Class 
E felon. For purposes of this subdivision, the transfer of less than five grams 
of marijuana for no remuneration shall not constitute a deliver in violation 
of G.S. 90-95(a)(l). 

(f) Any person convicted of an offense or offenses under this Article who is 
sentenced to an active term of imprisonment that is less than the 
maximum active term that could have been imposed may, in addition, be 
sentenced to a term of special probation. Except as indicated in this 
subsection, the administration of special probation shall be the same as 
probation. The conditions of special probation shall be fixed in the same 
manner as probation, and the conditions may include requirements for 
rehabilitation treatment. Special probation shall follow the active 
sentence. No term of special probation shall exceed five years. Special 
probation may be revoked in the same manner as probation; upon 
revocation, the original term of imprisonment may be increased by no 
more than the difference between the active term of imprisonment 
actually served and the maximum active term that could have been 
imposed at trial for the offense or offenses for which the person was 
convicted, and the resulting term of imprisonment need not be diminished 
by the time spent on special probation. 

(g) Whenever matter is submitted to the North Carolina State Bureau of 
Investigation Laboratory, the Charlotte, North Carolina, Police 
Department Laboratory or to the Toxicology Laboratory, Reynolds 
Health Center, Winston-Salem for chemical analysis to determine if the 



159 



matter is or contains a controlled substance, the report of that analysis 
certified to upon a form approved by the Attorney General by the person 
performing the analysis shall be admissible without further authentication 
in all proceedings in the district court division of the General Court of 
Justice as evidence of the identity, nature, and quantity of the matter 
analyzed. Provided, however, the provisions of this subsection may be 
utilized by the State only if: 

(1) The State notifies the defendant at least 15 days before trial of its intention 
to introduce the report into evidence under this subsection and provides a 
copy of the report to the defendant, and 

(2) The defendant fails to file a written objection with the court, with a copy to 
the State, at least five business days before the proceeding that the 
defendant objects to the introduction of the report into evidence. 

If the defendant's attorney of record, or the defendant if that person has no 
attorney, fails to file a written objection as provided in this subsection, then 
the report may be submitted into evidence without the testimony of the 
analyst. Upon filing a timely objection, the admissibility of the report shall 
be determined and governed by the appropriate rules of evidence. 

Nothing in this subsection precludes the right of any party to call any witness or 
to introduce any evidence supporting or contradicting the evidence 
contained in the report. 

(gl) Procedure for establishing chain of custody without calling unnecessary 
witnesses. 

(1) For the purpose of establishing the chain of physical custody or control of 
evidence consisting of or containing a substance tested or analyzed to 
determine whether it is a controlled substance, a statement signed by each 
successive person in the chain of custody that the person delivered it to the 
other person indicated on or about the date stated is prima facie evidence 
that the person had custody and made the delivery as stated, without the 
necessity of a personal appearance in court by the person signing the 
statement. 

(2) The statement shall contain a sufficient description of the material or its 
container so as to distinguish it as the particular item in question and shall 
state that the material was delivered in essentially the same condition as 
received. The statement may be placed on the same document as the report 
provided for in subsection (g) of this section. 

(3) The provisions of this subsection may be utilized by the State only if: 

a. The State notifies the defendant at least 15 days before trial of 
its intention to introduce the statement into evidence under this 
subsection and provides the defendant with a copy of the 
statement, and 

b. The defendant fails to notify the State at least five days before 
trial that the defendant objects to the introduction of the 
statement into evidence. 



160 



(4) Nothing in this subsection precludes the right of any party to call any 
witness or to introduce any evidence supporting or contradicting the 
evidence contained in the statement. 

(h) Notwithstanding any other provision of law, the following provisions 
apply except as otherwise provided in this Article. 

(1) Any person who sells, manufactures, delivers, transports, or possesses in 
excess of 10 pounds (avoirdupois) of marijuana shall be guilty of a felony 
which felony shall be known as "trafficking in marijuana" and if the 
quantity of such substance involved: 

a. Is in excess of 10 pounds, but less than 50 pounds, such person 
shall be punished as a Class H felon and shall be sentenced to a 
minimum term of 25 months and a maximum term of 30 
months in the State's prison and shall be fined not less than five 
thousand dollars ($5,000); 

b. Is 50 pounds or more, but less than 2,000 pounds, such person 
shall be punished as a Class G felon and shall be sentenced to a 
minimum term of 35 months and a maximum term of 42 
months in the State's prison and shall be fined not less than 
twenty-five thousand dollars ($25,000); 

c. Is 2,000 pounds or more, but less than 10,000 pounds, such 
person shall be punished as a Class F felon and shall be 
sentenced to a minimum term of 70 months and a maximum 
term of 84 months in the State's prison and shall be fined not 
less than fifty thousand dollars ($50,000); 

d. Is 10,000 pounds or more, such person shall be punished as a 
Class D felon and shall be sentenced to a minimum term of 175 
months and a maximum term of 219 months in the State's 
prison and shall be fined not less than two hundred thousand 
dollars ($200,000). 

(2) Any person who sells, manufactures, delivers, transports, or possesses 1,000 
tablets, capsules or other dosage units, or the equivalent quantity, or more of 
methaqualone, or any mixture containing such substance, shall be guilty of 
a felony which felony shall be known as "trafficking in methaqualone" and 
if the quantity of such substance or mixture involved: 

a. Is 1,000 or more dosage units, or equivalent quantity, but less 
than 5,000 dosage units, or equivalent quantity, such person 
shall be punished as a Class G felon and shall be sentenced to a 
minimum term of 35 months and a maximum term of 42 
months in the State's prison and shall be fined not less than 
twenty-five thousand dollars ($25,000); 

b. Is 5,000 or more dosage units, or equivalent quantity, but less 
than 10,000 dosage units, or equivalent quantity, such person 
shall be punished as a Class F felon and shall be sentenced to a 
minimum term of 70 months and a maximum term of 84 



161 



months in the State's prison and shall be fined not less than fifty 
thousand dollars ($50,000); 
c. Is 10,000 or more dosage units, or equivalent quantity, such 
person shall be punished as a Class D felon and shall be 
sentenced to a minimum term of 175 months and a maximum 
term of 219 months in the State's prison and shall be fined not 
less than two hundred thousand dollars ($200,000). 
(3) Any person who sells, manufactures, delivers, transports, or possesses 28 
grams or more of cocaine and any salt, isomer, salts of isomers, compound, 
derivative, or preparation thereof, or any coca leaves and any salt, isomer, 
salts of isomers, compound, derivative, or preparation of coca leaves, and 
any salt, isomer, salts of isomers, compound, derivative or preparation 
thereof which is chemically equivalent or identical with any of these 
substances (except decocainized coca leaves or any extraction of coca 
leaves which does not contain cocaine) or any mixture containing such 
substances, shall be guilty of a felony, which felony shall be known as 
"trafficking in cocaine" and if the quantity of such substance or mixture 
involved: 

a. Is 28 grams or more, but less that 200 grams, such person shall 
be punished as a Class G felon and shall be sentenced to a 
minimum term of 35 months and a maximum term of 42 
months in the State's prison and shall be fined not less than fifty 
thousand dollars ($50,000); 

b. Is 200 grams or more, but less than 400 grams, such person 
shall be punished as a Class F felon and shall be sentenced to a 
minimum term of 70 months and a maximum term of 84 
months in the State's prison and shall be fined not less than one 
hundred thousand dollars ($100,000); 

c. Is 400 grams or more, such person shall be punished as a Class 
D felon and shall be sentenced to a minimum term of 175 
months and a maximum term of 219 months in the State's 
prison and shall be fined at least two hundred fifty thousand 
dollars ($250,000). 

(3a) Repealed by Session Laws 1999-370, s. 1., effective December 1, 1999. 

(3b) Any person who sells, manufactures, delivers, transports, or possesses 28 
grams or more of methamphetamine or amphetamine shall be guilty of a 
felony which felony shall be known as "trafficking in methamphetamine or 
amphetamine" and if the quantity of such substance or mixture involved: 

a. Is 28 grams or more, but less than 200 grams, such person shall 
be punished as a Class F felon and shall be sentenced to a 
minimum term of 70 months and a maximum term of 84 
months in the State's prison and shall be fined not less than fifty 
thousand dollars ($50,000); 

b. Is 200 grams or more, but less than 400 grams, such person 
shall be punished as a Class E felon and shall be sentenced to a 



162 



minimum term of 90 months and a maximum term of 117 
months in the State's prison and shall be fined not less than one 
hundred thousand dollars ($100,000); 
c. Is 400 grams or more, such person shall be punished as a Class 
C felon and shall be sentenced to a minimum term of 225 
months and a maximum term of 279 months in the State's 
prison and shall be fined at least two hundred fifty thousand 
dollars ($250,000); 

(4) Any person who sells, manufactures, delivers, transports, or possesses four 
grams or more of opium or opiate, or any salt, compound, derivative, or 
preparation of opium or opiate, (except apomorphine, nalbuphine, 
analoxone and naltrexone and their respective salts), including heroin, or 
any mixture containing such substance, shall be guilty of a felony which 
felony shall be known as "trafficking in opium or heroin" and if the quantity 
of such controlled substance or mixture involved: 

a. Is four grams or more, but less than 14 grams, such person shall be 
punished as a Class F felon and shall be sentenced to a minimum term of 70 
months and a maximum term of 84 months in the State's prison and shall be 
fined not less than fifty thousand dollars ($50,000); 

b. Is 14 grams or more, but less than 28 grams, such person shall be punished 
as a Class E felon and shall be sentenced to a minimum term of 90 months 
and a maximum term of 1 17 months in the State's prison and shall be fined 
not less than one hundred thousand dollars ($100,000); 

c. Is 28 grams or more, such person shall be punished as a Class C felon and 
shall be sentenced to a minimum term of 225 months and a maximum term 
of 279 months in the State's prison and shall be fined not less than five 
hundred thousand dollars ($500,000). 

(4a) Any person who sells, manufactures, delivers, transports, or possesses 100 
tablets, capsules, or other dosage units, or the equivalent quantity, or more, 
of Lysergic Acid Diethylamide, or any mixture containing such substance, 
shall be guilty of a felony, which felony shall be known as "trafficking in 
Lysergic Acid Diethylamide." If the quantity of such substance or mixture 
involved: 

a. Is 100 or more dosage units, or equivalent quantity, but less 
than 500 dosage units, or equivalent quantity, such person shall 
be punished as a Class G felon and shall be sentenced to a 
minimum term of 35 months and a maximum term of 42 
months in the State's prison and shall be fined not less than 
twenty-five thousand dollars ($25,000). 

b. Is 500 or more dosage units, or equivalent quantity, but less 
than 1,000 dosage units, or equivalent quantity, such person 
shall be punished as a Class F felon and shall be sentenced to a 
minimum term of 70 months and a maximum term of 84 
months in the State's prison and shall be fined not less than fifty 
thousand dollars ($50,000); 



163 



c. Is 1,000 or more dosage units, or equivalent quantity, such 
person shall be punished as a Class D felon and shall be 
sentenced to a minimum term of 175 months and a maximum 
term of 219 months in the State's prison and shall be fined not 
less than two hundred thousand dollars ($200,000). 
(4b) Any person who sells, manufactures, delivers, transports, or possesses 100 
or more tablets, capsules, or other dosage units, or 28 grams or more of 3,4- 
methylenedioxyamphetamine (MDA), including its salts, isomers, and salts 
of isomers, or 3,4-methylenedioxymethamphetamine (MDMA), including 
its salts, isomers, and salts of isomers, or any mixture containing such 
substances, shall be guilty of a felony, which felony shall be known as 
"trafficking in MD A/MDMA." If the quantity of the substance or mixture 
involved: 

a. Is 100 or more tablets, capsules, or other dosage units, but less 
than 500 tablets, capsules, or other dosage units, or 28 grams or 
more, but less than 200 grams, the person shall be punished as a 
Class G felon and shall be sentenced to a minimum term of 35 
months and a maximum term of 42 months in the State's prison 
and shall be fined not less than twenty-five thousand dollars 
($25,000); 

b. Is 500 or more tablets, capsules, or other dosage units, but less 
than 1,000 tablets, capsules, or other dosage units, or 200 grams 
or more, but less than 400 grams, the person shall be punished 
as a Class F felon and shall be sentenced to a minimum term of 
70 months and a maximum term of 84 months in the State's 
prison and shall be fined not less than fifty thousand dollars 
($50,000); 

c. Is 1,000 or more tablets, capsules, or other dosage units, or 400 
grams or more, the person shall be punished as a Class D felon 
and shall be sentenced to a minimum term of 175 months and a 
maximum term of 219 months in the State's prison and shall be 
fined not less than two hundred fifty thousand dollars 
($250,000). 

(5) Except as provided in this subdivision, a person being sentenced under this 
subsection may not receive a suspended sentence or be placed on probation. 
The sentencing judge may reduce the fine, or impose a prison term less than 
the applicable minimum prison term provided by this subsection, or suspend 
the prison term imposed and place a person on probation when such person 
has, to the best of his knowledge, provided substantial assistance in the 
identification, arrest, or conviction of any accomplices, accessories, 
coconspirators, or principals if the sentencing judge enters in the record a 
finding that the person to be sentenced has rendered such substantial 
assistance. 



164 



(6) Sentences imposed pursuant to this subsection shall run consecutively with 
and shall commence at the expiration of any sentence being served by the 
person sentenced hereunder, 
(i) The penalties provided in subsection (h) of this section shall also apply to 
any person who is convicted of conspiracy to commit any of the offenses 
described in subsection (h) of this section. 

POSSESSION OF DRUG PARAPHERNALIA 
90-113.21. GENERAL PROVISIONS 

(a) As used in this Article, "drug paraphernalia" means all equipment, 
products and materials of any kind that are used to facilitate, or intended 
or designed to facilitate, violations of the Controlled Substances Act, 
including planting, propagating, cultivating, growing, harvesting, 
manufacturing, compounding, converting, producing, processing, 
preparing, testing, analyzing, packaging, repackaging, storing, containing, 
and concealing controlled substances and injecting, ingesting, inhaling, or 
otherwise introducing controlled substances into the human body. "Drug 
paraphernalia" includes, but is not limited to, the following: 

(1) Kits for planting, propagating, cultivating, growing, or harvesting any 
species of plant which is a controlled substance or from which a controlled 
substance can be derived; 

(2) Kits for manufacturing, compounding, converting, producing, processing, 
or preparing controlled substance; 

(3) Isomerization devices for increasing the potency of any species of plant 
which is a controlled substance; 

(4) Testing equipment for identifying, or analyzing the strength, effectiveness, 
or purity of controlled substances; 

(5) Scales and balances for weighing or measuring controlled substances; 

(6) Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, 
dextrose, and lactose for mixing with controlled substances; 

(7) Separation gins and sifters for removing twigs and seeds from, or otherwise 
cleaning or refining, marijuana; 

(8) Blenders, bowls, containers, spoons, and mixing devices for compounding 
controlled substances; 

(9) Capsules, balloons, envelopes and other containers for packaging small 
quantities of controlled substances; 

(10) Containers and other objects for storing or concealing controlled 
substances; 

(11) Hypodermic syringes, needles, and other objects for parenterally injecting 
controlled substances into the body; 

(12) Objects for ingesting, inhaling, or otherwise introducing marijuana, cocaine, 
hashish, or hashish oil into the body, such as: 

a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes 
with or without screens, permanent screens, hashish heads, or 
punctured metal bowls; 



165 



b. Water pipes; 

c. Carburetion tubes and devices; 

d. Smoking and carburetion masks; 

e. Objects, commonly called roach clips, for holding burning 
material, such as a marijuana cigarette, that has become too 
small or too short to be held in the hand; 

f. Miniature cocaine spoons and cocaine vials; 

g. Chamber pipes; 

h. Carburetor pipes; 

i. Electric pipes; 

j. Air-driven pipes; 
k. Chillums; 
1. Bongs; 

m. Ice pipes or chillers, 
(b) The following, along with all other relevant evidence, may be considered 
in determining whether an object is drug paraphernalia: 

(1) Statements by the owner or anyone in control of the object concerning its 
use; 

(2) Prior convictions of the owner or other person in control of the object for 
violations of controlled substances law; 

(3) The proximity of the object to a violation of the Controlled Substances Act; 

(4) The proximity of the object to a controlled substance; 

(5) The existence of any residue of a controlled substance on the object; 

(6) The proximity of the object to other drug paraphernalia; 

(7) Instructions provided with the object concerning its use; 

(8) Descriptive materials accompanying the object explaining or depicting its 
use; 

(9) Advertising concerning its use; 

(10) The manner in which the object is displayed for sale; 

(11) Whether the owner, or anyone in control of the object, is a legitimate 
supplier of like or related items to the community, such as a seller of 
tobacco products or agricultural supplies; 

(12) Possible legitimate uses of the object in the community; 

(13) Expert testimony concerning its use; 

(14) The intent of the owner or other person in control of the object to deliver it 
to persons whom he knows or reasonably should know intends to use the 
object to facilitate violations of the Controlled Substances Act. 

90-113.22. POSSESSION OF DRUG PARAPHERNALIA 

(a) It is unlawful for any person to knowingly use, or to possess with intent to 
use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, 
manufacture, compound, convert, produce, process, prepare, test, analyze, 
package, repackage, store, contain, or conceal a controlled substance 
which it would be unlawful to possess, or to inject, ingest, inhale, or 



166 



otherwise introduce into the body a controlled substance which it would 
be unlawful to possess, 
(b) Violation of this section is a Class 1 misdemeanor. 

90-113.23. MANUFACTURE OR DELIVERY OF DRUG 
PARAPHERNALIA 

(a) It is unlawful for any person to deliver, possess with intent to deliver, or 
manufacture with intent to deliver, drug paraphernalia knowing that it 
will be used to plant, propagate, cultivate, grow, harvest, manufacture, 
compound, convert, produce, process, prepare, test, analyze, package, 
repackage, store, contain, or conceal a controlled substance which it 
would be unlawful to possess, or that it will be used to inject, ingest, 
inhale, or otherwise introduce into the body a controlled substance which 
it would be unlawful to possess. 

(b) Delivery, possession with intent to deliver, or manufacture with intent to 
deliver, of each separate and distinct item of drug paraphernalia is a 
separate offense. 

(c) Violation of this section is a Class 1 misdemeanor. However, delivery of 
drug paraphernalia by a person over 18 years of age to someone under 18 
years of age who is at least three years younger than the defendant shall 
be punishable as a Class I felony. 



167 



Federal Trafficking Penalties: 
Schedule I - V Drugs 



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Federal Trafficking Penalties: 
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169 



Health Risks 



Drug and alcohol abuse have many costs to our society, including loss of work 
productivity, disruption to families, and loss of life. Members of the campus 
community who are 24 years old or younger may be especially susceptible to the 
long-term health effects of using alcohol and drugs due to their continued brain 
development during this period. 

The health risks of alcohol and drugs are detailed in the charts Commonly 
Abused Drugs and Selected Prescription Drugs with Potential for Abuse from 
the National Institute on Drug abuse ( www.drugabuse.gov ) printed in this 
handbook. Members of the campus community are encouraged to research the 
health effects of drugs through reputable scientific sources, such as the National 
Institute on Drug Abuse ( www.nida.nih.gov ), the National Institute on Alcohol 
Abuse and Alcoholism ( www.niaaa.nih.gov ), and the Centers for Disease 
Control ( www.cdc.gov) . 

Alcohol abuse is one of the most concerning health issues facing college 
campuses. Excessive and underage drinking is linked to over 1900 deaths of 
college students per year, in addition to 599,000 students sustaining alcohol- 
related injuries, 696,000 students experiencing assaults, 400,000 students having 
unsafe sex while under the influence of alcohol, and 150,000 students 
experiencing alcohol-related health problems (Hingson, 2009, 
www.collegedrinkingprevention.gov) . 

Abuse of alcohol can produce severe health risks, including death. Alcohol 
consumption causes a number of marked changes in behavior. Even low doses 
significantly impair the judgment and coordination required to drive a car safely, 
increasing the likelihood that the driver will be involved in an accident. Low-to- 
moderate doses of alcohol also increase the incidence of a variety of aggressive 
acts, including spouse and child abuse. Moderate-to-high doses of alcohol cause 
marked impairments in higher mental functions, severely altering a person's 
ability to learn and remember information. Very high doses cause respiratory 
depression and death. If combined with other depressants of the central nervous 
system, much lower doses of alcohol will produce the effects just described. 
Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol 
intake is likely to produce withdrawal symptoms, including severe anxiety, 
tremors, hallucinations, and convulsions. Alcohol withdrawal can be life 
threatening. Long-term consumption of large quantities of alcohol, particularly 
when combined with poor nutrition, can also lead to permanent damage to vital 
organs such as the brain and the liver (Source: U.S. Department of Education, 
Office of Safe and Drug-Free Schools, 1992). 

Addiction is a concern among college students; in one study, 31 percent of 
college students met criteria for a diagnosis of alcohol abuse and 6 percent for a 

170 



diagnosis of alcohol dependence in the past 12 months, according to 
questionnaire-based self-reports about their drinking (Knight, 2002). However, 
the campus environment is one that supports people in recovery from addiction 
as well. Overall, any campus community member who uses alcohol is 
encouraged to become as knowledgeable as possible about the effects of alcohol 
on their health and guidelines for safe and responsible use (examples are 
available at www.rethinkingdrinking.niaaa.nih.gov or 

www.uncw.edu/crossroads). 



171 



Controlled Substances: 
Uses and Effects 




172 




173 



Prescription Drugs: 
Uses and Effects 




Federal Drug-Free Workplace Act of 1988 

It is the policy of UNCW that all employees shall have the right to a workplace 
which is free of alcohol and other drugs. This policy is established to ensure the 
safety and well-being of employees as well as the general public. All employees 
of UNCW are covered by this policy. It is the responsibility of management, 
supervisors and employees to become familiar with the expectations of UNCW 
and to comply with the provisions of this act, the policy and other provisions 
outlined in this handbook. Compliance with the provisions of this policy shall be 
a condition of employment and violation of this policy may include disciplinary 
action up to and including dismissal. All new hires, (faculty, staff and student 
employees) will be provided a copy of this policy and will be notified of their 
obligation for compliance as a condition of employment. 

In the event of a conflict between the provisions of this policy and related state 
or federal law or policy, the federal law or policy shall always control. 

As with state law, the manufacture, distribution, dispensing, possession or use of 
an illegal substance is prohibited. 

Any employee convicted of any criminal drug statute violation occurring in or 
on the workplace premises must notify the appropriate supervisor or 
management person no later than five (5) calendar days after such conviction. 
Management will notify Human Resources immediately. Failure to provide 
notification shall be cause for disciplinary action up to and including dismissal. 

Any employee convicted of an off-duty drug-related offense which could 
directly or indirectly affect their credibility or ability to carry out effectively the 
duties and responsibilities of their position shall be subject to disciplinary action 
up to and including dismissal. 



175 



UNCW 

INDEX 



176 



A 

Academic Expectations vi 

Academic Honor Code See Student 

Academic Honor Code 
AlcoholSee University Policy - Alcohol 

Policy 123 

Possession/Consumption Alcoholic 
Beverages 100, 123 

Residence Life Policies 45 

Anonymous Notification See Sexual 

Assault 
Appeals 

Campus Conduct Board 28 

Grievance Procedure 108 

Student Academic Honor Board.. 1 1 

Student Conduct 20 

University Facilities 67 

Assault 

See also Sexual Assault 120 



Campus Conduct Board 

Appeals 28 

Hearing Procedure 27 

Hearings 24 

Jurisdiction 23 

Procedural Standards 23 

Selection 23 

Campus Life 68 

Advisory Board 68 

Functions 69 

Membership 68 

Structure 70 

Dances 71 

Facilities 

Policies 70 

Reservations 70 

Campus Life FacilitiesSee Campus Life 

Campus Security Act 22 

CCB See Campus Conduct Board 

Chancellor 3 

Cheating 6 

Committee on Extraordinary 

Disciplinary Emergencies 32 

Appeals 36 



Dangerous or Disruptive Student 

Behavior 33 

Hearing Procedures 34 

Jurisdiction 32 

Membership and Procedures 33 

Offenses 32 

Post-Hearing Procedures 36 

Students Charged with a Crime ... 33 

Cornerstone Pledge i 

Cyberstalking 116 

D 

Dangerous or Disruptive Student 

Behavior 33 

Disability Services 

Appeals 98 

Disability Services 

Accommodations 98 

Disability Services 

ADA Grievance Form 99 

Disciplinary Proceedings.... See Student 

Conduct 

Campus Conduct Board 23 

Student Organizations 58 

Disciplinary Records 31 

Disciplinary Sanctions 29 

Disciplinary Probation 29 

Expulsion 30 

Monetary Fees 31 

Order of No Contact 22 

Other 30 

Parental Notification 22 

Pending Criminal Charges 22 

Restitution 30 

Suspension 29 

Written Reprimand 29 

Disorderly Conduct 114 

Diversity, Statement on vii 

Domestic Violence 

Local Resources 95 

University Resources 95 

Drugs 

Residence Life Policies 45 

E 

Equal Educational & Employment 
Opportunity vii 



177 



F 

Family Educational Rights and Privacy 

Act 38 

Federal Drug-Free Workplace Act . 174 

Federal Law 120 

Title IX of the Education 

Amendments 120 

FERPA See Family Educational Rights 
and Privacy Act 

Fire Laws 113 

Firearms/Other Weapons 51, 112 

Freedom and Responsibility 2 

Freedom of Expression 106 

G 

Grievance Procedure 107 

H 

Harassment 

Prevention 77 

Resolution Procedures 78 

Hazing 14 

Hazing Law 113 

Honor Code See Student Academic 

Honor Code 
Housing & Residence Life See 

University Owned Residences 
Hurricane Policy 108 

I 

Illegal Drugs 

Drug Law 112 

Drug Paraphernalia 112 

Policy 87, 127 

Possession 90, 130 

Trafficking 89, 130 

M 

Mission Statement vi 

N 

NC General Statutes 

Alcoholic Beverages 140 



Other Provisions 142 

Assault 120 

Controlled Substances 153 

Schedule I 153 

Schedule II 153 

Schedule III 153 

Schedule IV 153 

Schedule V 154 

Schedule VI 154 

Cyberstalking 116 

Disorderly Conduct 114 

Drug Paraphernalia 112 

Financial Transaction Card Crime 

Act 117 

Financial Transaction Card Theft 

119 

Fire Laws 113 

Firearms/Other Weapons 112 

Fraudulent Forms of ID 115 

Hazing Law 113 

Stalking 116 

NC GENERAL STATUTES 

Drug Law 112 



Plagiarism 7 

Political Activity 64 

Posting Policy 62 

R 

Rape See Sexual Assault 

Acquaintance See Sexual Assault 

Stranger See Sexual Assault 

Registration of Student Organization 
See Student Organizations 

Relation of the Chancellor to the 

Constituent Institutions 3 

Religious Activity 64 

Residence Halls See University Owned 
Residences 

s 

Sanctions ....See Disciplinary Sanctions 

Seahawk Respect Compact ii 

Search & Seizure 49 

Sexual Assault 

Anonymous Notification 93 



178 



Campus Security Act 22 

Criminal Prosecution 94 

Local Resources 95 

Policy 91 

Pursuing Legal/Disciplinary Action 

96 

Services 91 

UNCW Conduct System 94 

University Resources 95 

University Response 94 

Solicitation 

University Owned Residences 49 

Stalking 116 

State Law 112 

Student Academic Honor Code 5 

Appeals 11 

Cheating 6 

Honor Pledge 5 

Plagiarism 7 

Procedures 8 

Repeats 11 

Responsibility 

Academic Affairs 8 

Instructors 7 

Office of the Dean of Students . 8 

Students 7 

Withdrawals 11 

Student Conduct 12 

Administrative Hearing 18 

Appeal 20 

Disciplinary Proceedings 16 

Correspondence 17 

Presumption of Innocence 17 

Filing Complaints 17 

Financial Transactions 16 

Identification of Students 16 

Off-Campus Relationship Statement 

12 

Offenses 13 

Parental Notification 22 

Preliminary Investigation 17 

Responsibility of Dean 18 

Students with Disabilities 22 

Summary Suspension 21 

Summoning a Student for a 

Conference 19 

Student Organizations 52 

Annual Review 56 

Conduct Review 58 

Appeal 60 



Disciplinary Sanctions 58 

Governing Bodies 57 

Registration 53 

Responsibilities 55 

Rights 54 

Student Organizations Committee 

(SOC) 52 

Student Records 38 

Alcohol/Drug Violations & Violent 

Crimes 40 

Amendment of 41 

Directory Information 38 

Disciplinary Records 31 

Disclosure of Personally 

Identifiable Information 38 

Inspection & Review 41 

Location of 43 

Students Charged with a Crime 33 

Students' Rights and Responsibilities. 3 
Substance Abuse 

Community Resources 138 

Controlled Substances 

Federal Trafficking Penalties 

Schedule I-V 167 

Schedule VI/Marijuana... 168 
Uses & Effects 171 



Federal Drug-Free Workplace Act 

174 

Federal Regulatory Requirements 



167 

Health Risks 169 

Penalties 133 

Policies 123 

Prescription Drugs 

Uses and Effects 173 

Referral Process 134 

Resources vii 

UNCW Drug Policy 127 

UNCW Philosophy on 122 

University Resources 135 

Summary Suspension 21 

Suspension.. See Disciplinary Sanctions 

T 

Technology 

Responsible Use 106 

Title IX 120 

Tobacco Policy 85 



179 



u 

University Facilities. ...See also Campus 



Life Facilities 

Appeals 67 

Banners 63 

Chalking 63 

Handbills, Signs, Posters, Bulletin 

Boards, Booths, Banners 62 

Off-Limits Property 62 

Political & Religious Activity 64 

Reserving Space 61 

Solicitation Policy 64 

Spirit Rocks 64 

Use of 61 

University Owned Residences 44 

Policies 44 

Alcoholic Beverages 45 

Behavior 49 

Drugs 45 

Firearms 51 

Individual Privacy 49 

Noise 48 

Pets 48 



Room Condition 5 1 

Solicitation 49 

Visitation 45 

Residence Life Staff 44 

University Policy 

ADA Grievance Form 99 

Alcohol 100, 123 

Communicable Disease Policy.. 104 

Disability Accommodations 98 

Freedom of Expression by Non- 
University Sponsored Speakers 

106 

Grievance Procedure 107 

Harassment Prevention 77 

Harassment Resolution 78 

Hurricane Policy 108 

Illegal Drugs 87, 127 

Improper Relationships 83 

Photo Use Policy 109 

Responsible Use of Electronic 

Resources 106 

Sexual Assault 91 

Skateboarding & Rollerblading . 109 
Tobacco Policy 85 



180